Perhaps we ought to thank the Indiana stadium authority for being so aggressive in trying to steal the property of a business that's been in operation since 1938 -- and stealing is what such eminent domain amounts to. It seeks not to take private land for public use, such as a road or a school, but for a public good, which amounts to giving it to another private entity that the government thinks would be of more importance. A bean factory, no matter how many jobs it provides, just isn't cool. Having a pro sports team like the Colts is very cool.
The authority made so secret of the fact that it filed its ED suit just before the end of the year to avoid possible restrictions the General Assembly might enact in 2006. But in doing that, it angered more than one legislator. That makes it even more likely that the legislature will tighten eminent-domain rules and make it harder to for government to get its hands on our property.
It even could backfire. In its despicable Kelo ruling, which permitted such property theft in the name of economic development, the Supreme Court magnanimously allowed that state and local governments were perfectly free to have more-restrictive provisions. Indiana already has a more-restrictive provision than Connecticut, where Kelo originated, in that we at least require property to be declared blighted before it can be taken. Unfortunately, the law is so vague that merely calling a property blighted is enough to have it declared so. If this case generates enough discussion, it might make it harder for courts to go along with such make-believe. It's pretty hard to argue with a straight face that a company that's still thriving after almost 70 years in business is somehow blighted.
