The Massachusetts Foundation for the Humanities reports that on this day in 1961, “President John F. Kennedy signed a bill authorizing the establishment of Cape Cod National Seashore. A long-time summer resident of the Cape, J.F.K. had co-sponsored the legislation while in the Senate. The goal, he wrote, was ‘to preserve the natural and historic values of a portion of Cape Cod for the inspiration and enjoyment of people all over the United States.’ This was the first time the federal government had created a national park out of land that was primarily in private hands. Months of hearings and meetings were required to produce a bill that balanced private and public interests. Today the Seashore encompasses more than 43,000 acres and draws more than 4,000,000 visitors a year.” Interesting to consider this act, its implementation and results, in the light of Kelo and other recent decisions related to eminent domain.
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There were sure a lot of unhappy NC and Tennessee Mountineers and probably (I can’t find the statistic) a lot more acres of land than the Cape when the Feds took land by eminent domain to form the Great Smokey Mountain National Park.
The article you cite, and the Wikipedia article make it sound like the park was mostly donated / bought for that purpose. Some eminent domain was exercized, but in comparison to the size of the park (521,495 acres) not a lot.
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So perhaps (I can’t find statistics how much emininent domain was used for the Smokies) the key word here is “primarily”. “This was the first time the federal government had created a national park out of land that was primarily in private hands.”
have nothing to do with Kelo, which is about taking land and then transferring it to private parties for “economic development.” Parks, roads, public libraries, post offices, etc. are classic “public uses,” and the propriety of using eminent domain for those purposes isn’t in serious question.
Oregon 2006 Referendum in the signature gathering phase prevents government from condemning private property if the intent is to turn the land over to a private developer.
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From WSJ with quotes from some in opposition to the proposed referendum:
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I think the broader point still stands. The society, or at least the judiciary, is constantly redefining the power of the state to take private property. In general, the state has been winning. Zoning laws, CCNS, Kelo are all part of the same general discussion.
it’s been way too long since I’ve been to the Cape (used to go camping at the Truro Highland campgrounds like clockwork every summer during the 1980’s). It’s such a beautiful, magical place, even during that summer when a huge dead whale washed up and a putrid smell stretched for miles around.
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Now I’ve got a date to plan for every summer–August 7, to head to Truro and celebrate the National Seashore’s Birthday, of course! How nice to know we were born in the same year.
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Thanks again.