Castle Coalition
Encyclopedia
The Castle Coalition is a nation-wide network of homeowners and citizen activists determined to stop the abuse of eminent domain
in their communities, that is, the taking of private property by the government in order to put it to public use. The organization takes its name from the principle that Americans’ homes or businesses should be their castles—places where they are safe and free from abusive government power. The principle has been part of Anglo-American legal tradition since Edward Coke
famously stated, "...a man's house is his castle".
The Castle Coalition was founded in March 2002 as a project of the Institute for Justice
in response to the number of the requests attorneys received from citizens facing threats of eminent domain who were years away from any actual litigation. After the success of community groups in Pittsburgh, Pennsylvania
and New Rochelle, New York
, attorneys at IJ
organized a conference for other activists facing eminent domain abuse from around the United States to teach them how to succeed in preventing their local government from taking their property through eminent domain. Castle Coalition-trained activists have been successful in saving their homes in places like Ardmore, Pennsylvania
, Chicago
, Lakewood, Ohio
, and Los Angeles, California
.
On 13 May 2002, Fortune
magazine praised the new organization in a piece titled "Fighting City Hall":
In 2005, the Supreme Court
issued its decision in Kelo v. City of New London
. Although the decision allowed for a more expansive view of the “public use” clause in the Fifth Amendment
of the Constitution
the decision also states, “Nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power.” In response to the decision, the Castle Coalition expanded its focus to include the reform of state and local eminent domain laws.
In June 2005, they launched launched a $3 million Hands Off My Home campaign, calling it "an aggressive initiative to effect significant and substantial reforms of state and local eminent domain laws." Two years after the beginning of the Hands Off My Home campaign, they published the State Report Card to provide the results of the campaign. By June 2007, 21 states had enacted substantive eminent domain reform and another 21 states had increased eminent domain protections but not nearly enough to prevent takings allowed by the Kelo
decision. Eight states had not passed any legislation reforming their eminent domain laws.
The Castle Coalition provides model legislative language for eminent domain reform, stricter blight statutes and state constitutional amendment
s. The Castle Coalition also has several publications documenting the extent and nature of eminent domain abuse across the United States.
The Castle Coalition also brings activists together for a national conference annually and teaches home and small business owners how to protect themselves and stand up to the over-reaching governments and developers who seek to use eminent domain to take private property for their own gain.
Eminent domain
Eminent domain , compulsory purchase , resumption/compulsory acquisition , or expropriation is an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent...
in their communities, that is, the taking of private property by the government in order to put it to public use. The organization takes its name from the principle that Americans’ homes or businesses should be their castles—places where they are safe and free from abusive government power. The principle has been part of Anglo-American legal tradition since Edward Coke
Edward Coke
Sir Edward Coke SL PC was an English barrister, judge and politician considered to be the greatest jurist of the Elizabethan and Jacobean eras. Born into a middle class family, Coke was educated at Trinity College, Cambridge before leaving to study at the Inner Temple, where he was called to the...
famously stated, "...a man's house is his castle".
The Castle Coalition was founded in March 2002 as a project of the Institute for Justice
Institute for Justice
The Institute for Justice is a 501 non-profit libertarian public interest law firm in the United States. Its mission is to provide pro bono legal advice and representation, litigating strategically to pursue its goal of a rule of law under which individuals can control their destinies as free and...
in response to the number of the requests attorneys received from citizens facing threats of eminent domain who were years away from any actual litigation. After the success of community groups in Pittsburgh, Pennsylvania
Pittsburgh, Pennsylvania
Pittsburgh is the second-largest city in the US Commonwealth of Pennsylvania and the county seat of Allegheny County. Regionally, it anchors the largest urban area of Appalachia and the Ohio River Valley, and nationally, it is the 22nd-largest urban area in the United States...
and New Rochelle, New York
New Rochelle, New York
New Rochelle is a city in Westchester County, New York, United States, in the southeastern portion of the state.The town was settled by refugee Huguenots in 1688 who were fleeing persecution in France...
, attorneys at IJ
Institute for Justice
The Institute for Justice is a 501 non-profit libertarian public interest law firm in the United States. Its mission is to provide pro bono legal advice and representation, litigating strategically to pursue its goal of a rule of law under which individuals can control their destinies as free and...
organized a conference for other activists facing eminent domain abuse from around the United States to teach them how to succeed in preventing their local government from taking their property through eminent domain. Castle Coalition-trained activists have been successful in saving their homes in places like Ardmore, Pennsylvania
Ardmore, Pennsylvania
Ardmore is a census-designated place in Delaware and Montgomery counties in the U.S. state of Pennsylvania. The population was 12,455 at the 2010 census...
, Chicago
Chicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
, Lakewood, Ohio
Lakewood, Ohio
Lakewood is a city in Cuyahoga County, Ohio, United States. It is part of the Greater Cleveland Metropolitan Area, and borders the city of Cleveland. The population was 52,131 at the 2010 making it the third largest city in Cuyahoga County, behind Cleveland and Parma .Lakewood, one of Cleveland's...
, and Los Angeles, California
Los Angeles, California
Los Angeles , with a population at the 2010 United States Census of 3,792,621, is the most populous city in California, USA and the second most populous in the United States, after New York City. It has an area of , and is located in Southern California...
.
On 13 May 2002, Fortune
Fortune (magazine)
Fortune is a global business magazine published by Time Inc. Founded by Henry Luce in 1930, the publishing business, consisting of Time, Life, Fortune, and Sports Illustrated, grew to become Time Warner. In turn, AOL grew as it acquired Time Warner in 2000 when Time Warner was the world's largest...
magazine praised the new organization in a piece titled "Fighting City Hall":
"Superheroes? Maybe. Although its name sounds like something out of a comic book, the Institute for Justice, a public-interest law firm in Washington, D.C., actually provides a much needed resource for business owners threatened with eviction. Since its founding in 1991, the firm has waged public relations campaigns and even stepped in to take legal action in communities when it feels the power of eminent domain has been abused. Of the nine projects that the Institute has taken on, it has won seven and lost none, and two are pending. But because the law firm can't take on every case across the U.S., it also created a grassroots group called the Castle Coalition to help teach business owners the ways they can take their fight to the streets and win. The group consists of community leaders and property owners who've successfully fought eminent domain cases or are currently involved in one. The coalition's website (castlecoalition.org) contains information on what steps you need to take and also tells you when to call in the pros."
In 2005, the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
issued its decision in Kelo v. City of New London
Kelo v. City of New London
Kelo v. City of New London, 545 U.S. 469 was a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another to further economic development...
. Although the decision allowed for a more expansive view of the “public use” clause in the Fifth Amendment
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
of the Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
the decision also states, “Nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power.” In response to the decision, the Castle Coalition expanded its focus to include the reform of state and local eminent domain laws.
In June 2005, they launched launched a $3 million Hands Off My Home campaign, calling it "an aggressive initiative to effect significant and substantial reforms of state and local eminent domain laws." Two years after the beginning of the Hands Off My Home campaign, they published the State Report Card to provide the results of the campaign. By June 2007, 21 states had enacted substantive eminent domain reform and another 21 states had increased eminent domain protections but not nearly enough to prevent takings allowed by the Kelo
Kelo v. City of New London
Kelo v. City of New London, 545 U.S. 469 was a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another to further economic development...
decision. Eight states had not passed any legislation reforming their eminent domain laws.
The Castle Coalition provides model legislative language for eminent domain reform, stricter blight statutes and state constitutional amendment
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
s. The Castle Coalition also has several publications documenting the extent and nature of eminent domain abuse across the United States.
The Castle Coalition also brings activists together for a national conference annually and teaches home and small business owners how to protect themselves and stand up to the over-reaching governments and developers who seek to use eminent domain to take private property for their own gain.
External links
- Castle Coalition homepage
- Castle Watch The Castle Coalition's online publication
- Hollywood weighs eminent domain gambit, Miami Herald, 10 January 2007
- 90: Protecting homes and liberties, San Francisco Chronicle, 20 October 2006
- Drives Property Rights Measures, New York Times, 8 October 2006
- Land is Whose Land?, Weekly Standard, 11 September 2006
- After Kelo, Retail Traffic, 1 June 2006
- Property Rights, Washington Times, 9 March 2006
- Legal Blight, New York Sun, 15 December 2005
- Fighting the Power to Take Your Home, Washington Post, 7 May 2005
- Condemned, Mother Jones, January/February 2005
- Property Rights, Reason Magazine, February 2003
Publications
- "50 State Report Card: Tracking Eminent Domain Reform Legislation since Kelo" Published June 2007
- Curt Pringle, "Development without Eminent Domain: Foundations of Freedom Inspire Urban Growth" Published June 2007
- Mindy Thompson Fullilove, MD, Eminent Domain & African Americans: What is the Price of the Commons? Published February 2007
- Dreher and Echeverria: Disinformation & Errors on Eminent Domain A Response to Kelo’s Unanswered Questions Published January 2007
- Dana Berliner, Opening the Floodgates: Eminent Domain Abuse in a Post-Kelo World Published June 2006
- Redevelopment Wrecks: 20 Failed Projects Involving Eminent Domain Abuse Published June 2006
- Myths and Realities of Eminent Domain Abuse Published June 2006
- Eminent Domain Abuse Survival Guide
- Legislative Action Since Kelo An overview of the states’ legislative responses to Kelo
- Kelo v. City of New London: What it Means and the Need for Real Eminent Domain Reform Published 2005
- Dana Berliner, Public Power Private Gain: A Five-Year State By State Report Examining the Abuses of Eminent Domain Published April 2003
- Government Theft: The Top 10 Abuses of Eminent Domain Published 2002