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Chambliss, Frist Disappointed With Eminent Domain Ruling
Chattanoogan.com ^ | June 24, 2005 | chattanoogan

Posted on 06/27/2005 8:39:09 AM PDT by oblomov

WASHINGTON—U.S. Sen. Saxby Chambliss today issued the following statement relative to yesterday’s Supreme Court ruling that local governments may take people's homes and businesses and turn them over to private developers.

“I am deeply disturbed by the Supreme Court’s decision in Kelo v. City of New London,” said Sen. Chambliss. In Kelo, the Court decided yesterday by a 5-4 margin that a local government can seize a person’s home and turn it over to another private party for redevelopment.

(Excerpt) Read more at chattanoogan.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: 109th; eminentdomain; frist; kelo; tyranny
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Didn't see this posted...
1 posted on 06/27/2005 8:39:10 AM PDT by oblomov
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To: oblomov

Maybe the government should sieze all of the major newspapers and TV networks under the claim that "it would be for the public interest"???

</sarcasm>


2 posted on 06/27/2005 8:42:08 AM PDT by Paloma_55
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To: oblomov

Well, I am glad to see Senator Frist say something on the subject, but he appears to be ambivalent about eminent domain powers being exercised for private economic development. It's not what I hoped to hear from him, but at least he isn't braying about what a wonderful decision it was.


3 posted on 06/27/2005 8:42:27 AM PDT by snowsislander
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To: oblomov
Lots more good stuff at http://kelo-amendment.blogspot.com
4 posted on 06/27/2005 8:42:28 AM PDT by oblomov
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To: oblomov

I guess all those phone calls must be having an effect. I called both my senators and reps, and hope other freepers are doing the same.


5 posted on 06/27/2005 8:42:44 AM PDT by I still care (America is not the problem - it is the solution..)
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To: oblomov

t dooesn't really matter what legislators say, as far as the court is concerned they get all the rights of judges plus the rights of legislators and the exectuive branch to boot. frankly I wouldn't be surprised to find them bending spoons and whining about how they are overdue for their supernatural powers as well.


6 posted on 06/27/2005 8:43:26 AM PDT by kharaku (G3)
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To: oblomov

I would love to see these two Senators really get out in front and confront the SCOTUS with this decision...

If it is 3 separate but EQUAL branches of the government, then the Congress cannot get intimidated by the SCOTUS, and should have the right to question such bad decisions...

also, the ones today about the 10 Commandments...


7 posted on 06/27/2005 8:44:02 AM PDT by Txsleuth (Mark Levin for Supreme Court Justice)
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To: snowsislander
Well, I am glad to see Senator Frist say something on the subject, but he appears to be ambivalent about eminent domain powers being exercised for private economic development.

Well, heck. SCOTUS ruled that the federal government can regulate just about any activity. So development can be demonstrated to be more related to interstate commerce than growing weed that is not for sale. Pass a law prohibiting what is happening in New London, and then let SCOTUS implode trying to resolve the conflict.

8 posted on 06/27/2005 8:44:33 AM PDT by dirtboy (Drool overflowed my buffer...)
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To: oblomov
We are launching an initiative to get a bill introduced that will limit the eminent domain power of government by defining exactly what "public use" means in the 5th Amendment. The Kelo decision distorts "public use" to "public benefit" which opens the door to all kinds of mischief.
Henry Lamb

E-mail here saying you want to help: prc@freedom.org

9 posted on 06/27/2005 8:45:13 AM PDT by yoe (Friends don't let Friends read the New York Times...........................)
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To: oblomov
”Yet there are many important questions that we need to consider. How can we be sure that a public purpose is served, when government transfers property from one private owner to another?

You can't. Most likely it will be the greed of the councilmen and women that determine it as they are bribed or have "campaign contributions" made or look at this as a way of funding their pet projects.

Does this decision give governments too much power over private property owners?

Is this a rhetorical question?

What assurances do Americans have, those who work so hard to buy their own homes, that government will not take those homes away?

Well, I guess that we could always take it to court. < /sarcasm>

Will this decision give undue advantages to politically connected developers and wealthy individuals?

Is John Ford a crook? Is the pope Catholic? Is the Hildebeast a Marxist?

10 posted on 06/27/2005 8:48:29 AM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: I still care

I did, too. Frist is one of my Senators.


11 posted on 06/27/2005 8:49:04 AM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: Txsleuth

There is a simple solution that doesn't even require an amendment to the Constitution. Congress simply passes the following law.

No private property shall be acquired by eminent domain for the purpose of redistributing to another private owner. This law shall not be subject to review by the courts.


12 posted on 06/27/2005 8:52:04 AM PDT by Blood of Tyrants (G-d is not a Republican. But Satan is definitely a Democrat.)
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To: dirtboy
Pass a law prohibiting what is happening in New London

Go further. Use this as a springboard to curb eminent domain abuse once and for all by 1) defining a limited set of conditions where eminenet domain is acceptable, 2) creating rules for fair and just compensation for any property taken by eminent domain, 3) determining a fair mechanism for property owners to appeal an eminent domain claim, and 4) civil remedies for punitive damages against the government (to be paid to the original property owners) in cases where the taking is later found to be unjustified, or under false pretenses.

Example: the eminent domain definition is very tight and allows only for public works projects (roads, rail, public utilities, etc.). City claims land needed for new roadway. Owner appeals the ruling, but loses. Owner is paid a fair market value for the property (and I mean, a real FMV, not the phony stuff like New London is trying). City then abandons road project and sells "unproductive" land to developer. Original owner is then able to sue the city for improper taking, and get additional compensation, possibly based on the sale amount to the developer and/or punitive damages.

13 posted on 06/27/2005 9:02:34 AM PDT by kevkrom (“It’s good to remember whom people turn to when they’re desperate — and it ain’t Kofi Annan.”)
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To: yoe; brityank; TonyWojo; AAABEST; B4Ranch; editor-surveyor; countrydummy; Carry_Okie; Jeff Head; ...

Henry is doing the Lord's work.


14 posted on 06/27/2005 9:04:44 AM PDT by sauropod (Polite political action is about as useful as a miniskirt in a convent -- Claire Wolfe)
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To: oblomov

Nice to see Frist is "disappointed". Now, will he get the Senate to do something about it? I'm not going to hold my breath...


15 posted on 06/27/2005 9:06:13 AM PDT by crispy78
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To: oblomov

FINALLY!!! A republican leader speaks out against this land grab. What took them so long?


16 posted on 06/27/2005 9:08:13 AM PDT by TXBSAFH (The purcuit if life, liberty, and higher tax revenue (amended by the surpreme 5).)
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To: oblomov

So Mr. Chamblee and Frist.......DO SOMETHING ABOUT IT!


17 posted on 06/27/2005 9:09:54 AM PDT by Sunshine Sister
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To: oblomov

"deeply disturbed"...

great, now if he would come take a crap on my lawn I'd have something tangible.


18 posted on 06/27/2005 9:11:10 AM PDT by phasma proeliator (It's not always being fast or even accurate that counts... it's being willing.)
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To: I still care

I certainly did......the minute I heard about the decision.


19 posted on 06/27/2005 9:11:10 AM PDT by Sunshine Sister
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To: Paloma_55

As well as those 5 judges!!


20 posted on 06/27/2005 9:14:01 AM PDT by jackv
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