Posted on 06/23/2005 3:26:27 PM PDT by Still Thinking
WASHINGTON -- The Supreme Court gave local governments broad power today to bulldoze homes and other private property to make way for business development, a ruling that could encourage more city-backed plans to replace small stores with big-box retailers.
The 5-4 ruling upheld a plan by officials in a coastal Connecticut town to condemn nine homes of longtime residents that would be replaced with an office complex and a marina.
The dispute between the homeowners and the city officials became a classic test of government power versus individual rights. It pitted a community's hopes for economic rebirth against an individual's right to keep one's home.
Economic development emerged as the clear winner.
The high court's opinion goes further than before in allowing the government to invoke its "eminent domain" and to seize private property from unwilling sellers.
The Constitution says government may take private property "for public use" if it pays the owners "just compensation." Originally, public use meant the land was used for roads, canals or military bases. In the 19th century, railroads were permitted to take private lands because they served the public.
In the mid-20th century, the court said officials could condemn homes and stores in "blighted" areas as part of a redevelopment plan. That 1954 decision helped trigger various urban renewal projects across the nation.
In today's decision, the court went a step further and said officials need not claim they were condemning blighted properties or clearing slums. Now, as long as officials hope to create jobs or raise tax collections, they can seize the homes of unwilling sellers, the court said. This "public purpose" is a "public use" of the land, the court said in Kelo vs. New London.
(Excerpt) Read more at chicagotribune.com ...
But they have no problem second guessing the knowledge of the employers of the local government drones, namely the homeowners. Typical. Well, there goes whatever was left of the "American Dream". I'm so ashamed of SCOTUS I'm literally sick to my stomach.
If your property taxes aren't high enough, some developer could make a case to the mayor that he could put a strip mall through your bedroom for more tax revenue and he would win. What a revoltin toin of events.
Write your elected Representatives: Following is what I wrote mine:
Again five black robed tyrants have violated the Constitution of the United States by making an amendment to the document and dictating law that they have no power to do.
The taking of property for private use is not in the Constitution and the Supreme Court has not authority to dictate a law that allows this unlawful practice to take place.
The Congress has the power to impeach judges and the power to limit what the court can do.
When will you take back our freedom from these black robed anti-American dictators?
Or is it time to say that the Republic has been taken over by black robed tyrants. If so, then Congress should close as there is not longer any need for you to play act as if you were doing something.
this is one of the worst rulings ever
For the record.
(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
Why is this a Federal issue?
Hope that some developer wants to put a bunch of condos on the property of the homes that the five justices live in. Since the city or county will determine the value it will be well under market value. Take their homes and make condos or strip malls I am sure that they are not paying the amount of taxes that would be collected if there were a retail space on the property.
When/if Bush gets to a chance to appoint a justice to the Supreme Court, he better be willing to stand up to the firestorm and pick a Constitutional conservative.
I'm disgusted beyond words.
I reversed my flag to fly upside down when I read the ruling. My ship of state is in distress. If all the property owners out there did the same, i would be a demonstration that would NOT go unnoticed.
The FR poll on this doesn't have a strong enough selection for this evil, comtemptable, vile, disgusting, situation!
"...is it time yet...?"
Top sends!
Bravo!
Would you mind if I copied parts of your message to send to my reps also?
No problem use all or some
Thanks for the record. We need to keep this five in mind when the revolution comes.
Or is it time to say that the Republic has been taken over by black robed tyrants
Maybe not unnoticed, but probably ignored.
Thank you!!!!!!!!!!
Yeah, I know, I wanted a much stronger option as well. "Hell, NO!" just didn't seem to cut it.
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