New York Town Threatens To Use Eminent Domain If Citizens Do Not Sell Out To Powerful Developer

jonathanturley.org ^ | 04/22/2010 | Jonathan Turley

[OldDeckHand]

Despite the criticism of the Supreme Court’s eminent domain ruling in Kelo, the city of Auburn, New York appears undeterred and is threatening to invoke eminent domain to seize private property for a private company. The Kelo opinion was wrongly decided in allowing a Connecticut town to seize homes to give the land to a private company. Putting that flawed legal logic aside, I am astonished that elected officials continue to abuse eminent domain powers in this way and shows the need for state laws barring the practice. Mayor Mike Quill insists that the interests of the majority (and one powerful developer) must trump the property rights of a few citizens.

Ironically, after selling out their fellow citizens, the people of New London, Connecticut never did reap the rewards that they sought, here. The city is threatening citizens that if they do not reach an agreement with a developer, the city will come in and take the land and give it to the developer.

Auburn Mayor Michael Quill admits “eminent domain, no one likes it.” Well . . . no they don’t, Mayor Quill, but particularly when you are coercing citizens to sell to powerful developers or face the seizure of their property by the city.

[OldDeckHand]

Turley, although an orthodox liberal, again proves himself to be at least a fairly principled orthodox liberal. Kelo v. City of New London was a HORRIBLE decision by the statists on the Court, and Turley was critical of them and continues to be critical of them.

This latest story is just further proof of the liberal chickens coming home to roost, and baring their anti-private property claws.

[GeronL]

Why would anyone be astonished that government would abuse its power?

[brooklyn dave]

I wonder what kick backs Mayor Quill is getting from this developer?

[E. Pluribus Unum]

Pfizer and Kelo's Ghost Town

[DCmarcher-976453]

The use of eminent domain for private ends is not legal in Georgia,after kelo law was changed.

[Secret Agent Man]

Funny how eminent domain is never used against the people with the power to execute eminent domain.

[Old Teufel Hunden]

And what’s funny is these leftist always claim to be looking out for the little guy. Who does this always end up hurting? Look at Susette Kelo. She was just a regular person with a pink house trying to stand up against Pfizer. A huge corporation. Isn’t this the stuff that big hollywood liberals make movies out of? Only this time the big bad corporation is the one that wins.

[Lurker]

Hogs eat every bit. Just sayin’.

[GeronL]

lol.

[jeffc]

Why would anyone be astonished that government would abuse its power?

+1.

Needs repeating. Wish I was rich. I'd rent a billboard or two (or more!) with that exact quote, with reference to the topic.

[equalitybeforethelaw]

My wife is from Auburn. Having been there many times, I can’t imagine why anyone would want to go there to be amused and quartered. That said, I could not find much information of where in Auburn they seek to place the Hotel and Amusement Park?. Auburn has already disfigured its town center by placing a throughway downtown. They did this in the 1960s with the expectation of increased shopping traffic to support retail. It did just the opposite and now their city center looks like a highway. Can anyone supply further info?

[GeronL]

Someone would have to ignore all of history and be blind to have enough trust in government to be astonished at all.

[OldDeckHand]

"Isn’t this the stuff that big hollywood liberals make movies out of?"

Without question. It's Erin Brockovich all over again. Of course, you and I both know that this movie will never get made because there's no way to paint Antonin Scalia as a villain, or Clearance Thomas as an Uncle Tom.

[OldDeckHand]

"Can anyone supply further info?"

I'm not in any way familiar with that part of the country, but perhaps these report from Fox News and USA Today might be more informative...

Hotel Conference Center May Trump Private Property in Eminent Domain Case

Hotel project in Upstate N.Y. triggers property rights debate

[Old Teufel Hunden]

I agree. It won’t be made into a movie because all the wrong people (leftists) will be made into bad guys.

[ncalburt]

weird place and been there twice.
my great grand mothers grand old home from the early 1800’s and the stone carriage house was part of the under ground railroad.
in the 70’s the city of auburn bought the land and the place and put up a parking lot and then years later put a historical marker in the parking lot for the house they knocked down!

[Clock King]

We’ve got to start running for political positions, ourselves. I know it’s ugly, and most of us don’t want to be bothered, but we need to use the TEA party or any other apparatus to start taking over local government. Or we’ll keep electing people who just treat us like lab rats and don’t give a damn what the people want. Is there ANY way to win a campaign without selling your soul to Big Money?

[Thurston_Howell_III]

In the words of all the Oak Beach Inn bumper stickers I remember growing up seeing in the 80’s.......”Get out of New York State Before Its Too Late”

[Political Junkie Too]

That's especially galling because the five Supreme Court Justices cited the development plan as a major factor in rationalizing their Kelo decision. Justice Anthony Kennedy called the plan "comprehensive," while Justice John Paul Stevens insisted that "The city has carefully formulated a development plan that it believes will provide appreciable benefits to the community, including, but not limited to, new jobs and increased tax revenue." So much for that.

The Supreme Court endorsed what was essentially a roll of the dice.

-PJ