• Call For Papers on Land Use Ethics (Details to be releasd this fall)

The Blackwell Institute for the Study of Land Use Ethics is a not-for-profit think tank dedicated to one purpose, to look at eminent domain cases from an ethical perspective, not a legal perspective.  Since the use of eminent domain became controversial, such as in the recent Supreme Court case Kelo v. City of New London, no entity has reviewed the case from an ethical perspective.  Yes, the case has been argued and discussed many times over, but always from a legal perspective.  However, if one asks:  Was it a morally correct decision?  What is the answer?  What is meant by "ethical perspective?"  Simply stated it is to reach a conclusion consistent with agreed principles of correct moral conduct.  The question then becomes, whose moral conduct?  The primary ethical principle used for the study (et. al.) will be descriptive ethics; however, from the conclusion we hope to apply normative ethics to assist the direction and acceptance of an ethical use of the power of eminent domain.  It is not the goal of studying the ethical perspective to place blame or find fault; it is to help understand and formulate policy that will avoid controversies and attempt to smooth the process and allow for a win win conclusion for all involved.

Descriptive ethics, also known as comparative ethics, is the study of peoples' beliefs about morality.  It contrasts with prescriptive or normative ethics, which is the study of ethical theories that prescribe how people ought to act.  Normative ethics attempts to develop a set of rules governing human conduct, or a set of norms for action. It deals with what people should believe to be right and wrong, as distinct from descriptive ethics, again which deals with what people do believe to be right or wrong.  Moreover, because it examines standards for the rightness and wrongness of actions, normative ethics is distinct from meta-ethics, which studies the nature of moral statements, and from applied ethics, which places normative rules in practical contexts.  This will become more clear as evidence from the studies is developed.  Additionally, a 1995 study of the redevelopment agencies in California, (cities and counties), with the goal of determining the underpinning ethics of redevelopment, revealed much misunderstanding of what constitutes ethical behavior regarding redevelopment, as well as discovering actions these agencies could take in order to improve the public perception of the power of eminent domain.  An abbreviated version of the study is posted in The Redevelopment Corner as "The Underpinning Ethics of Redevelopment."  It is very much worth reading.  Members can download the entire study in the Just Compensation Forum.

The Institute will be a select body of individuals (volunteers) who have some academic background in ethics; however, it will also include many who serve in a profession that deals with eminent domain issues.  We are looking for individuals that have been around eminent domain such as appraisers, attorneys (who can leave the lawyer thoughts aside), and redevelopment professionals to name a few, that are interested in serving on the board part time to review the various cases.  Obviously, having knowledge of ethics is very important, but not mandatory.  More importantly, because The Institute is studying the ethical perspective of these various cases, it is mandatory that whoever volunteers to serve does so without bias and without preconceived notions.  Please understand that The Institute hopes to obtain grants to finance the costs of these studies, but even with grant money it is highly unlikely that it will be enough money to pay for the cost of paper or the website, let alone pay stipends.  So, if you have a sincere interest in the mission statement of The Institute, have time to participate with a true altruistic spirit, we would love to have you apply.  Please send your bio along with a brief statement of why you want to join the team. Also include your opinion as to whether the Kelo case was an ethically correct or incorrect decision, and why.  If you are interested, we welcome your submission here.