Why do Libertarians think government is a problem rather than a solution? As residents in Benton Harbor, Michigan are finding out, it’s because government so frequently does not do what it says it will, or even what it is legally obligated to do.
Jean Klock Park is a 73 acre park with a gorgeous view of Lake Michigan. The property was given to the city of Benton Harbor in 1917 by local businessman John Nellis Klock, who wanted to commemorate the untimely death of his infant daughter Jean. The terms of the deed require that the property be maintained as a public park forever.
Fast forward 91 years. Benton Harbor is one of the poorest places in Michigan. It is a company town for the Whirlpool corporation, and some commentators say it controls the local chamber of commerce. The industry once supported by the St. Joseph River port has largely evaporated. Local demographics have shifted — a town that was 97% white when John Nellis Klock donated the property has become 92+% Black. Median family income is less than $20,000. The unemployment rate has been in double-digits for more than 30 years. At the same time, as has happened in many riverfront communities, land prices are such that many consider it ‘a waste of money’ to devote waterfront property to parkland. New York City and New Orleans are examples of historic port cities that have moved the piers and quays upriver or have largely abandoned port industry. The Supreme Court’s notorious Kelo decision was about this concept; the court let the city of New London, Connecticut use Eminent Domain to confiscate private riverfront property and give it to a developer to make a complex that would bring in more tax revenue to the city.
Last year Whirlpool offered to give Benton Harbor some isolated land parcels contaminated with toxic waste in exchange for more than a quarter of Jean Klock Park. They want to build a golf course on the waterfront, adding 22 acres of parkland to the private property they already have lined up.
Local opinions are harshly divided, with opinions about creating the golf course ranging from ‘it’s the city’s salvation’ to ‘it’s the rape of the poor Black citizens.’ The National Parks Department has stepped in, albeit temporarily, to block the privitization or “conversion” of Klock Park because of a paperwork deficiency. In the meantime, even Michigan Governor Jennifer Granholm has been sucked in to the debate. Recently National Public Radio publicized the brouhaha, with its usual populist slant.
English philosopher Jeremy Bentham would be proud of the debate because it is largely along utilitarian lines — which outcome would bring the greatest happiness to the most people. Would Benton Harbor be better served by a golf course and big development that may or may not bring jobs, or should the town stay destitute but with a beautiful public park?
All these arguements are distractions. The deed John Nellis Klock gave to Benton Harbor makes the transfer contingent “upon the express condition…that said lands and premises shall forever be used by the said City of Benton Harbor for bathing beach, park purposes, or other public purposes; and at all times shall be open for the use and benefit of the public.”
Amongst Libertarians’ favorite parts of The US Constitution is Article I Section 10, which includes a prohibition on any state action that impairs the obligation of contracts. The interpretation of the deed covenant has been crystal clear for 90 years. Who’s the wise guy who wants to know what the definition of “is” is?
Local government loves it when altruistic citizens voluntarily surrender private property, if only because it means the government doesn’t have to run the risk of the public relations nightmare that accompanies the use of Eminent Domain to sieze the land. But once we learn that governments have no intention of abiding by the conditions of a gift, why should any citizen make such a donation? When private philanthropists figure out that a government thinks the conditions of a gift expire after 91 years, they will stop donating park land and green space to an untrustworthy recipient.
If the government will not obey the clear conditions of a gift, then all government promises — the purpose of a SPLOST, homestead exemptions, not condemning land for financial reasons, protecting the rights of individuals — become suspect. Increasingly, government is the reason more and more people do not trust government.
It is a shame the Michigan community of Benton Harbor has to deal with this issue. It’s only a matter of time before some community in Georgia faces the same type of broken promises.
