Eminent Domain documentary "Battle For Brooklyn" on the "shortlist" for the Oscars

The Academy of Motion Picture Arts and Sciences ("The Academy") announced last week that Battle For Brooklyn has made the "shortlist" of 15 documentary films that will advance in the voting process to be considered for an Academy Award.  This film has certainly come far and received rave reviews since we first viewed it in February at its debut screening during the ALI-ABA Eminent Domain and Land Valuation Litigation course in Coral Gables, FL.

As we wrote this summer before the film opened in New York, Battle for Brooklyn captures a community's seven-year fight to stop the use of eminent domain to take their homes and businesses for the construction of a mixed-use development including a basketball arena for the New Jersey Nets and commercial towers. It is a compelling story about the abuse of eminent domain and how this awesome power intended for the public good can destroy a community, literally. Read more about Battle For Brooklyn on this blog here, an movie review by fellow blogger Robert Thomas here and his interview with one of the filmmakers here.  Watch the trailer below.



Upcoming screenings: (Check battleforbrooklyn.com/screenings for a more up to date list of dates.)

November 22 - Chapel Hill, NC
 6pm at Varsity Theater


January 13, 14, 15, 2012 - Washington, DC
 Dome Theater, Artisphere in Arlington, VA

Friday, January 13th - 8:00 PM
Saturday, January 14th - Matinee with panel discussion TBD - 5:00 PM
Saturday, January 14th - 8:00 PM
Sunday, January 15th - 6:00 PM
All screenings will be followed by Q&A with directors Michael Galinsky and Suki Hawley. A screening of the short film, “The Tragedy of Urban Renewal” by dir. Jim Epstein will precede each screening.

Mississippi voters approve amendment restricting eminent domain

On Tuesday with 73% of Mississippians voting in favor of property rights and limiting the use of eminent domain for private development, Initiative 31 was approved. Since the infamous 2005 U.S. Supreme Court ruling in Kelo v. City of New London, 43 states have passed legislation creating stronger protections for private property owners against the power, and possible abuse, of eminent domain.  Mississippi has now become the 44th state to reject the use of eminent domain for private development.

Initiative 31 amends the Mississippi Constitution to prohibit the state and local governments from taking private property by eminent domain and transferring it to another private party or entity.  The restriction extends for a decade allowing agencies that condemn private property for a public use to transfer or sell it to another owner only after having owned and used the property for a minimum of 10 years. This restriction discourages the transfer of private property from one landowner to another private party for the purpose of “economic development”.

For more on Initiative 31 see our previous post here.  We also recommend reading yesterday's posts by Gideon's Trumpet here and IJ's Castle Coalition here.

Mississippi Ballot Initiative No. 31 on Eminent Domain: "motherhood and apple pie"

Voters in Mississippi are at the polls today to elect a new governor and legislature as well as decide upon a number of measures.  Among them is Initiative 31, a citizen's initiative for a constitutional amendment to prohibit the state and local governments from using the power of eminent domain to condemn private property and transfer it to another private individual or entity for a period of 10 years after acquisition.  Initiative 31 has garnered much media attention and Campaign Insider has called this a "ballot battle to watch."

Since Kelo, Mississippi remains one of only 7 states that has not yet enacted statutory provisions to protect its citizens from private to private property transfers via eminent domain.  Mississippians and their legislators have tried twice in the past to pass eminent domain legislation.  However, outgoing Gov. Haley Barbour (R) vetoed both pieces of legislation. (See our previous posts here, here and here.)

It's no secret that Gov. Barbour opposes Initiate 31.  Barbour has argued that it will diminish the state’s ability to attract private investment and create jobs.  Mississippi’s gubernatorial candidates disagree and have supported Initiative 31.  The Mississippi Farm Bureau and the more than 100,000 voters who signed the petition to put Initiative 31 on the ballot also disagree with Barbour.  Randy Knight, a Mississippi dairy farmer and president of the state Farm Bureau Federation, has argued "Other states have adopted a strong eminent domain law. They're still getting jobs. They're still getting economic development. They're still getting businesses to come set up in their state." (See Fox News report 11/3/11 here.) Further, Initiative 31 would not apply to all eminent domain actions allowing for exemptions for levee facilities, roads, bridges, ports, airports, common carriers, drainage facilities and utilities, or true public uses.
 
Fox News also quoted Leland Speed, the director of Mississippi's Development Authority, "This is a very emotional topic," he said. "It's motherhood and apple pie."

Actually Mr. Speed, it's a Constitutional guarantee and a ballot battle we're definitely watching.