The term, “eminent domain,” when invoked by government, infers a sense of nobility, honorability, and indicates an exercise for the public’s common good. In many cases, the use of eminent domain can be beneficial to a community in need but should only be utilized when no other alternatives exist. Sadly, more often than not, it’s used as a bludgeoning tool to lawfully take property from legal landowners, under the guise of the “greater public good,” or in the “public’s best interest.”
The core concept behind eminent domain is that government can claim private property for public use but must pay “just compensation.” And to be clear, the term “just compensation” is not some simple phrase created out of thin air; it is deeply rooted in the Fifth Amendment of the Constitution and buttressed by numerous Supreme Court rulings over the years. The Fifth Amendment’s Taking’s Clause prohibits the government from taking property for public use without providing “just compensation.”
Enter Christian Faith Center Church and its sprawling 50-acre campus in Federal Way Washington. The Christian church, child day-care center and Pacific Christian Academy property has been targeted for condemnation or acquisition by Western Washington’s public transit agency, Sound Transit. Sound Transit intends to use the property for “potential future light rail expansion” and a facility for testing and conditioning of its light rail vehicles. Despite numerous alternative sites that exist, the thriving Christian community campus was chosen above all others for the taking.
Current estimates show Sound Transit running up to a 35-billion-dollar structural deficit, which is expected to increase substantially with cost overruns up and ridership down significantly. The parallels between Gavin Newsom’s train to nowhere in California, AKA the “Bakersfield Express” are astounding, especially when you consider the lack of federal tax dollars and grants, which are drying up considerably. These boondoggles are no longer being funded by the federal government due to the lack of transparency and the complete disregard for financial accountability. It’s simply outrageous how this legal tool is being wielded not for altruistic reasons, but rather as an instrument of political self-interest.
The “takings clause” applies not only to the actual land, but includes existing structures as well as intangible assets, such as planned future site development and premeditated revenue streams. When considering the “just compensation” aspect, all of this must be measured when applying a dollar figure so that “no one citizen bears the burden of public benefit costs alone,” as stated in the “Takings Clause.” Most courts have been consistent with this component of the eminent domain process, but the rules are different in progressive led states; their prejudiced posture towards Christian and Jewish facilities have become nothing short of overtly disparate.
Appraisers are hired by the government simply to assess property values often with minimal regard to the intangibles that are supposed to be recognized in the “just compensation” clause. They ignore years of communal connections, and community investments of time, talent, and treasure. But to make matters even worse for the prospering Christian Church, if that were even possible, King County Washington has placed a moratorium on the building of new church facilities within its governing jurisdiction; thus, creating a first amendment conflict as well. Not only do they intend on taking the land and structures for pennies on the dollar but will not allow the religious organization to rebuild within its governing region. How’s that for an “eminent domain?”
Why should we the people accept this? The First Amendment is the foundation for America’s Constitution, ensuring American citizens religious liberty “in the free exercise thereof.” Those five words have been the basis for countless landmark Supreme Court decisions over the years. King County Washington and Sound Transit have seemingly conspired to violate the Christian Church’s ability to, not only receive “just compensation,” but to rebuild and tend to its flock within the community by putting a church construction moratorium in place. If we allow this injustice to continue unchallenged, we become complicit in the systematic oppression of the very fabric of America’s Constitution and the freedom to practice one’s religion.
Religious institutions such as Christian Faith Center should not have to watch helplessly as their dreams of sharing the gospel turn to dust, only to be replaced with a dysfunctional and bankrupted public organization like Sound Transit. This so-called “greater good” justification rarely filters back to those who lose everything in the process. An entire church community must now scatter and attempt to stitch their spiritual lives together and start anew elsewhere. The number of prospective victims is endless. How can you possibly place a price tag on that, while excluding them from rebuilding within the community?
This case is very unique, and we cannot remain silent while eminent domain is wielded like a weapon against the religious community. This is not a simple battle of landowners versus government, it’s a fight for religious freedom, which is enshrined in America’s Constitution. In this case, if the government is going to willfully disregard the “just compensation” clause and then place a moratorium on the construction of new churches; they will have effectively violated both the first and fifth amendment of our constitution of tens of thousands of potential church going litigants.
Vincent Cavaleri
Mill Creek Councilman
COMMENTARY DISCLAIMER: The views and comments expressed are those of the writer and not necessarily those of the Lynnwood Times nor any of its affiliates.
Author: Lynnwood Times Contributor
