Posted on 06/23/2005 12:12:48 PM PDT by truth49
OLYMPIAThe U.S. Supreme Court today ruled in Kelo v. City of New London that local governments can seize private property for private development even when that property is not put into use for the general public.
Susette Kelo is a private homeowner in New London, Connecticut. When she and several other neighborhood residents refused to sell their property to the New London Development Corporation, a private developer, the city used its power of eminent domain to condemn the private homes and businesses.
Eminent domain is the legal authority for a governing body to confiscate private property for public use, as outlined in the Fifth Amendment of the U.S. Constitution.
New London officials announced plans to raze the homes in order to build high-end condominiums, a luxury hotel and several office buildings, arguing that private development serves a public interest in boosting economic growth.
Ed O'Connell, the lawyer for the New London Development Corporation, told The New York Times, "We need to get housing at the upper end, for people like the Pfizer employees."
The U.S. Supreme Court was asked to determine if the Fifth Amendments public use requirement offered any protection for individuals like Kelo whose property is being condemned for the sole purpose of private economic development.
In a 5-4 decision, the Supreme Court deferred to the city and ruled against Kelo and other property owners. 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, wrote Justice John Paul Stevens in the majority opinion.
In other words, the Court believes your property belongs to the highest bidder, said Bob Williams, president of the Evergreen Freedom Foundation (EFF). EFF was just one of a diverse group of property rights and individual liberty activists who filed 25 friend of the court amicus briefs with the Supreme Court urging the justices to end the abuse of eminent domain.
This decision is an unacceptable assault on the constitutional right to private property, said Williams. It means that no home, church or business is safe if government officials decide they have a better use for the property.
He continued: This decision also disenfranchises poor and middle class property owners who cant afford to defend their homes.
Public interest groups like the Evergreen Freedom Foundation and the Institute for Justice will continue to fight for property rights, but citizens must demand that their state legislatures pass laws that ensure that every persons home is truly his or her castle, said Williams.
If the legislature does not take steps to protect property rights, Williams warned that the people must do so themselves at the ballot box.
Additional Information
Kelo v. City of New London
Wondering what the local government must pay for your home, once it decides to condemn. Anyone know the particulars on the New London case?
But government just gained the right to make sweetheart deals with developers, by depriving the people of another right, this time a shockingly important one.
IMO, it's a good example of money and government getting in bed together, and a good reason why big government isn't conservative. Republican Party, take note.
Having said that, my understanding of how the Supreme Court could make such a tragic ruling is that a majority of the justices are not big money, but socialist in outlook.
In any case, between the recent Interstate Commerce Clause ruling and this one, it has really been brought home to me how fragile our freedom is. Or was. I guess the years of moving left during the 20th century have truly come home to roost.
Boycott Connecticut
Where do you think?
I bought mine on the free market.
The origin was when the State created the right to bequest against the clan and in favor of the family. That is when the modern State itself began.
What a joke this country is becoming.
Phewwwwww! I've already given up.
This country is a rotting shell of what it was a mere 30 years ago.
I guess I'm just waiting around for someone to organize the pitchfork brigade...
Agreed Rightwhale, but I was just reading Justice Thomas' dissent, in which he explained that the framers considered property ownership a natural right. So, like all natural rights that we have (had), although the state was put in place to guarantee them, it did not provide them.
I have a feeling that the Magna Carta has a place in this discussion, perhaps you know where, if that is so?
Can there be any doubt, to useful idiots like Bob Barr, what the ACLU really stands for? Their former top lawyer today joined the ruling to give the government the right to take your property away from you. Hey Bob Barr, why don't you STFU about how great these Communists scumbags are?
Here's your campaign...
Send a copy of this decision in INSTEAD OF your Property Tax Payment!
Make it Nation-wide...tell them "Hell, if I don't OWN it, YOU pay the taxes!"
Then get the guns ready for what comes nexty...if THIS decision ISN'T overturned VERY soon, there will be Blood in the streets!
Guaranteed!
Unlike England, we do not have the natural three estates. We have one estate and the necessary checks and balances have had to be built into the procedures and methods of election and appointment. Justice Thomas may be correct in his interpretation as far as that goes, but he must also be aware that natural property ownership is a far less powerful entity than is state-recognized property with deeds and titles. The first is mere ownership by possession and is subject to the next person who comes along with a stronger arm and a covetous eye. The second is true property
With the stroke of a pen, SCOTUS may very well have destroyed our Republic.
This is the reason we HAVE to have Originalist judges and not Activists. What this decision will do, if Scotus does not eventually overturn its decision, is lead to the end of the country; probably faster than al-Qaeda can destroy it.
Property owners can have their property seized/stolen at any time. Whats the point in buying a home, if theres a chance someone with more money than you have will want your property?
The cities have been given an at will ruling. With the middle-class worrying about losing their homes and/or businesses, they will rent. Only the VERY wealthy will own and they will rent to the middle class. The middle-class rent will go up (at will for the property owners) and soon there will be no more middle-class. We will then be a country of the haves and the have-nots
end of the Republic and end of the country.
EFF raises the Gadsden flag in protest of Supreme Court property rights decision
http://www.freerepublic.com/focus/f-news/1429265/posts
this is abomination, anathema to the Constitution and everything in which the Founders believed.
Rule 308. That's in the Consitution too.
Some are, some aren't but they're still blaming Bush.
Some are saying today that they'd never do such a thing, but governments always push the envelope. And it's at no cost to them.
Let's demolish all the homes in an eight block area and put in strip malls. We'll tax the remaining homes to pay for the condemnation. The politician has nothing to lose and everything to gain. The developer will write him a fat check.
But they damn well know how to fix it. They fought against Thomas and they will fight against any nominees remotely like him.
Even though Thomas is one of the best supreme court justices we've had in generations.
Being a leftist is all about sacrificing your own personal freedoms for the chance that you'll get to screw someone else out of their's. Someone will come by and whip the moonbats back into lockstep in no time.
Heck, I live in Montgomery County, MD. Even the Republicans are sleazy out here. This is just sickening.
No! Thomas did as well as a few others.
Read Thomas's excellent and clear reasoning here:
Clarence Thomas dissent in property rights ruling
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