High Court: Govts Can Take Property for Econ Development

Bloomberg News

[Helmholtz]

U.S. Supreme Court says cities have broad powers to take property.

[jwalsh07]

"An act of the Legislature (for I cannot call it a law) contrary to the great first principles of the social compact, cannot be considered a rightful exercise of legislative authority ... . A few instances will suffice to explain what I mean... . [A] law that takes property from A. and gives it to B: It is against all reason and justice, for a people to entrust a Legislature with such powers; and, therefore, it cannot be presumed that they have done it." Calder v. Bull, 3 Dall. 386, 388 (1798) (emphasis deleted).

O'Connor has found her conservative inner self, Kennedy has found his fascist inner self. Who'd a thunk it?

Congress can not allow this to go unchecked. It is the Dred Scott of property rights. Foregt the flag, amend the Constitution to protect private property!

[RightWhale]

There is some question whether rentals are residential or commercial. It is a business with contracts, law, and public regulation.

[AntiGuv]

I hope you're right, because this decision can be reversed:

a) By the state legislatures in their own statutes or constitutions.

b) By an Act of Congress jusified via the Commerce Clause (although I think that would be unconstitutional itself, although I also think it'd get upheld).

c) By an amendment to the U.S. Constitution.

d) By the Supreme Court reversing itself.

[Outland]

"...On set of rules for the little guy, a completely different set for the wealthy and politically connected."

Mostly the politically connected, ie: the government.

As I have mentioned, that is the true divide in this country and is it growing exponentially. It affects the right, the left and the moderates. Wake up and smell the tyranny.

[Black Tooth]

I want to see the Preseident come out fast and hard against this decision, and stand up for property owners rights on this issue. On this he must take a stand.

When he does, ping me.

[Puddleglum]

Pretty soon local governments will be telling people they have to put signs for Coca-Cola or Taco Bell or other partnership corporations on their lawns to increase municipal revenue. A man's home won't be his castle anymore - it will be the "Mr. Smith/Taco Bell Memorial Elm Street residence." And you will be privileged to live there, until they feel you are not pulling your tax weight anymore.

[CajunConservative]

That's exactly what will happen. I live in a corrupt state, Louisiana, where the former governor is in jail for racketeering and extortion. They are the one's wheeling and dealing and I guess now they will just start out and out stealing whatever property they want for their financial gain.

[Glenn]

Congress can not allow this to go unchecked.

Congress receives a lot of campaign money from real estate interests. They'll make a few smug noises about the matter and wait for the dumb public to accept it.

[pangaea6]

Also why is the Ap article on this showing a picture of Scalia smiling. It seems they should show one of the Liberal justices and not our guy looking as if he agrees with this ruling!

[RightWhale]

Mostly the politically connected, ie: the government

Corporations were created by the gov't to be legal persons. It shouldn't be a surprise that corporations are closely linked to gov't.

[myself6]

I was making a point that every government employee can be removed by one means or another.

Here is something you can take to the bank. At the point in time that conservatives take up arms it will already be over. We are the achievers, we are the people who make things run, we are the soldiers and we are the doers. NOTHING can stop us once we have come to a decision and decided to act.

Peaceful solutions are fine for civil times and honorable men, but dishonorable men and would be dictators require something more. The preservation of Freedom and liberty sometimes requires the blood of patriots and free men.

By the time most of us here have come to the realization that we need to abandon our cozy life of servitude to the state and take up arms , you can bet that most other conservatives have come to the same conclusion. I think critical mass is about 30% of the population. With the help of a percentage of the military and law enforcement (and we would have it) it would be a cake walk (relatively speaking).

Sometimes people just have to fight for something to appreciate it. They need to risk everything to deeply value the gain.

I understand the point of your post but getting to the point of fixing the current situation will require extraordinary means. I also do not entirely agree with your "fix", France is a f---ing mess. Any form of government is doomed to fail if the citizenry does not value certain moral and ethical standards. The best you can do is set up a government that will keep the would be dictators at bay long enough for the population to "wake up" again and fight it down. This is what the founders of this country set up and that is what is happening.

As long as there are people in America that value their freedom and liberty America will remain free, But the cost will be in blood from time to time.

[Outland]

Just wait for the ruling on the Ten Commandments.
Don't get your hopes up.

[Skip1]

Not a good day for private property owners ~ Bump!

Perhaps are future: Collectivization

The collectivization that began in 1929 was an extraordinary period of bitter and complex class struggles. It decided what force would run the countryside: the rural bourgeoisie or the proletariat. Collectivization destroyed the economic basis for the last bourgeois class in the Soviet Union, the class that was constantly re-emerging out of small-scale production and the rural free markets. Collectivization meant an extraordinary political, economic and cultural upheaval, putting the peasant masses on the road to socialism.

[blueriver]

then I expect the decision to be changed by the legislatures.

If the legislatures make a law that changes this - then some one will sue that it is unconstitutional and the end result will be that the law will be found null and void by order of the court. Once the courts start making laws - which is what they did today - the game is over.

[tyen]

Don't think there's any oil...only water.

Uh...the way water rights are shaping up as a contentious issue this century, I think you shouldn't be too sanguine about your property's inviolability.

[jwalsh07]

I don't think so, this one crosses philosophical bounds. And I think the decision is so monumentally bad that Congress will have no choice but to act. I've been waiting for a long time to have Congress samck down the oligarchs and now that the liberal winfg of the court has crossed the fascist line, it damn well may happen.

[RightWhale]

We don't get that bourgeois stuff and we sure aren't proles. We think we have a handle on corporations, though.

[SoCal Pubbie]

Are you beaming transmissions into my brain or something? I really thing we agree on some key points!

[proud American in Canada]

As I have mentioned, that is the true divide in this country and is it growing exponentially. It affects the right, the left and the moderates. Wake up and smell the tyranny.

I think you're absolutely right.

As a couple of people have pointed out, when Freepers and DUers agree on something, you KNOW there's a serious problem.

[VRWCRick]

Florida is the site of some of the most egregious abuses of eminent domain, particularly Riviera Beach.

Take a look at http://www.ij.org and
http://www.castlecoalition.org
These two sites are of organizations that fight eminent domain abuse. In light of the Kelo disaster, it is more important than ever to contact state legislators about eminent domain. The Kelo ruling does not preclude states from regulating and stopping eminent domain.