In fact, there are cases where homeowners refused to sell to a Wal-Mart developer, so the local government took their homes by eminent domain and turned the land over to the developer, citing “economic development” as justification. Many legal authorities consider this an abuse of the constitutional power of eminent domain, and numerous legal challenges have been filed. At the local level, preventing the municipal government from exercising its power on behalf of a developer is the citizen activist’s role. Further, elected officials who take peoples’ homes to build a big box can be (and should be) loudly opposed at public meetings, brought to the attention of the news media, and pressured to change their position. In a larger sense, the abuse of eminent domain power can itself offer an effective way of combating a Wal-Mart development.
Both the reasons for the condemnation and the processes used for doing so are susceptible to lengthy legal challenges by local citizens and taxpayers, and there are national advocacy groups that oppose this abusive use of eminent domain power and will help with the litigation. This is a sophisticated issue and you should consult with an attorney if this type of situation presents itself. At the very least, drawing attention to the injustices of an eminent domain action can create a very uncomfortable situation for local opinion leaders and officials, and can often deter them from following through on the eminent domain plan or deter a Wal-Mart developer from going forward with a project.
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