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Supreme Court Expands Power of Eminent Domain
Chicago Tribune ^ | June 23, 2005 | David G. Savage

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 ...


TOPICS: Business/Economy; Constitution/Conservatism; Culture/Society; Government; US: Connecticut
KEYWORDS: costco; domain; eminent; eminentdomain; kelo; landgrab; scotus; tyranny; tyrrany; walmart
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To: Still Thinking

oh goodie a Freakin Wal-mart on every corner now.


21 posted on 06/23/2005 4:02:57 PM PDT by bikerman
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Comment #22 Removed by Moderator

To: Still Thinking

This doesn't stop at land. It applies to all property. Guns, money and butter and beyond.


23 posted on 06/23/2005 4:07:16 PM PDT by bvw
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To: nothingnew

ping


24 posted on 06/23/2005 4:10:23 PM PDT by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
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To: Still Thinking

I don't think so. With all the flags out there since the attacks, flying them upside down would make a statement. If this gets any legs, no one could ignore it.


25 posted on 06/23/2005 4:12:35 PM PDT by Roccus (Quando Omni Flunkus Moritati)
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To: Still Thinking

If this were to happen to me, there'd be quite a few politicians and judges homes burned to the ground.

F'ing tyrants.


26 posted on 06/23/2005 4:14:22 PM PDT by Monitor (Gun control isn't about guns; it's about control.)
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Comment #27 Removed by Moderator

To: Still Thinking
I have updated my FMCDH (From My Cold Dead Hands) sign-off with the addition of (BITS).....Blood In The Streets, which I foresee coming soon, due to the enormous increase of the Marxist progressive movement being shoved down the throat of this failing REPUBLIC through the Judicial tyranny of fiat law, the passing of unconstitutional laws by the Legislative and Executive branches of our government and the enormous tax burden placed upon the average American to support unconstitutional programs put forth by Marxist ideology.

I do not advocate revolution. I only think of what I foresee.

FMCDH(BITS)

28 posted on 06/23/2005 4:19:12 PM PDT by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
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To: Robert_Paulson2
...blame the local ELECTED governmental bureaucrats...

You are exactly right. Local gov't is ignored by the public, yet is the largest source of corruption among elected officials.

Given that local politicians are rarely thrown out of office, they consolidate their power and look for revenue wherever it can be found.

29 posted on 06/23/2005 4:22:38 PM PDT by Erik Latranyi (9-11 is your Peace Dividend)
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To: farmfriend
(gas)ping

FMCDH(BITS)

30 posted on 06/23/2005 4:25:18 PM PDT by nothingnew (I fear for my Republic due to marxist influence in our government. Open eyes/see)
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To: Still Thinking
Never thought we'd need an amendment to reinstate the 5th amendment. "... nor shall private property be taken for public use, without just compensation."
31 posted on 06/23/2005 4:25:31 PM PDT by Stentor
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To: Doe Eyes

It's a federal issue because the Bill Of Rights specifically precludes the taking of private property for public use without due process and compensation. The fact that it does not mention the taking of private property by the Government for "private " use clearly denies that right to the government. It becomes a federal issue since the 14th Amendmant establishes the rights enshrined in the Constitution as being protected by the Federal Constitution through the US govenment against abuse by the states.


32 posted on 06/23/2005 4:28:21 PM PDT by xkaydet65 (Peace, Love, Brotherhood, and Firepower. And the greatest of these is Firepower!)
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To: Still Thinking

I think this will depress property values. I for one would never consider purchasing property anywhere that would be considered "convenient " to town.


33 posted on 06/23/2005 4:35:09 PM PDT by Boiling point (If God had not meant for man to eat animals, he wouldn't have made them out of meat!)
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To: goldstategop

Don't be so sure...

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x1879557

The DemocRATS don't seem to like this news either, though perhaps for different reasons as they are anti-business. Really I see this as a case of bad politicians on both sides turning against the interests of all americans.


34 posted on 06/23/2005 4:35:38 PM PDT by Rethgryn
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To: xkaydet65
I don't agree with this practice.

That said, how do you define "due process"?

35 posted on 06/23/2005 4:54:05 PM PDT by Doe Eyes
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To: Still Thinking


This is socialism.


36 posted on 06/23/2005 5:20:52 PM PDT by 4Liberty (Loud music was played at Waco. So are Clinton & Reno = Hitler/Stalin/ Pol-Pot, Senator Durbin?)
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To: Still Thinking
This is one rotten decision! It's the liberals dream. We are all renters now. No more right to one's own property than the average Zimbabwe citizen.
37 posted on 06/23/2005 5:52:40 PM PDT by Ukiapah Heep (Shoes for Industry!)
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To: Rethgryn

Christ, are those people freaks. Some of them start off well and flame out with their anti-capiltalist screed. They are really loony and all seem to believe this nation was intended to be a socialist country. Morons.


38 posted on 06/23/2005 5:58:17 PM PDT by satchmodog9 (Murder and weather are our only news)
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To: satchmodog9

Perhaps, but isn't funny how people from both sides seem to agree on this issue?


39 posted on 06/23/2005 6:07:53 PM PDT by Rethgryn
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To: Still Thinking

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.


Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.


40 posted on 06/23/2005 6:23:35 PM PDT by Conservatrix ("He who stands for nothing will fall for anything.")
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