Posted on 06/23/2005 7:25:32 PM PDT by Tumbleweed_Connection
The Supreme Court's ruling yesterday that the economically troubled city of New London, Conn., can use its power of eminent domain to spur development was a welcome vindication of cities' ability to act in the public interest. It also is a setback to the "property rights" movement, which is trying to block government from imposing reasonable zoning and environmental regulations. Still, the dissenters provided a useful reminder that eminent domain must not be used for purely private gain.
The city of New London has fallen on hard times. In 1998 - when its population was at its lowest since 1920, and its unemployment rate was nearly twice the state average - an effort was begun to turn New London around. State and local officials put together a redevelopment plan, anchored by a $300 million Pfizer research facility, that would bring restaurants, stores and a new Coast Guard museum to one hard-hit neighborhood.
The city authorized a nonprofit development corporation to clear the necessary land by eminent domain, a forced sale in which the seller is given appropriate compensation. The development corporation got control of most of the land it needed, but a few people refused to sell.
Eminent domain allows governments to take property for a public use, such as building a road. The property owners in New London claimed that handing over private property to a private developer cannot be a public use, even if it is part of a comprehensive plan to turn around a depressed city.
...New London, the court held, was within its rights to decide that its development plan was a valid public use. (The New York Times benefited from eminent domain in clearing the land for the new building it is constructing opposite the Port Authority Bus Terminal.)...
(Excerpt) Read more at nytimes.com ...
I see The New American Revolution looming on the not to distant horizon myself. We pay property taxes till we bleed...then the Government says that anyone with a larger bankroll than you can come along and take your land for the lamest of reasons. What would the State and Federal Gov'ts do if everyone just flat out stopped paying their property taxes? It would shut them down, period!
I used to think that it would be way cool if I could afford to pay my property taxes in advance for life, but now consider that being in arears might be the best couse after all...
Taxation without true representation and Government protection has finally shown it's ugly head!
That thought process has gotten US into to the mess we're in. We can either live with it, change it, or move.
I hope enough knowledgeable people want to fight, and share ideas on how to do so.
You got that one right! It's a good description of corruption in gov't. You know, a lot of that goes on in Africa and other backward areas. We shouldn't be involved in that practice unless we intend to become backward ourselves.
I am for development and desire to see more in my economically depressed town in Ohio. Yet I find this ruling absolutely outrageous. I find it very scary that the people have no say in what the Supreme Court does. Yes we do have the option of impeachment but how likely is it that the Senate would ever do what is right for the people? We need to abolish the current Federal Court system. The Constitution only calls for a Supreme Court with as many inferior courts as needed. We are not obligated to have the current form of federal courts. I think we need to seriously urge a change.
This NY Times editorial will live in INFAMY. Just like their early 1900s editorial against the income tax.
Absolutely. And this includes so-called Republican conservatives who support these decisions with their silence.
I am with you. Let's put them on notice.
I wonder how they feel about other ways in which land might be used to greater economic benefit such as, say, drilling in ANWR and other reserves for oil and gas.
Fire 'em up! Get those drills going! Time's a wastin' and the Supremes just said it was OKAY!
Perhaps not a one of these folks will be hurt; perhaps none of them have treasured family memories of the locale; perhaps not a single one had hoped to leave the home to their loved ones.
Right...it's just the little people. Remember...all animals are equal, but some are more equal than others.
The pinheads at the NYT have been whining and wringing their hands over the Patriot Act allowing the FBI to check out their "libury" cards. Now, here they are cheering the government for taking away some of our rights guaranteed by the Fifth Amendment. ((Shrug)).
Law of the jungle says bigger gorilla wins. Government is the bigger gorilla.
David slew Goliath...
I hear you bro'. This was a(nother) bad decision. Many things are not meant to be reduced to money. What's the verse? IIRC, "The love of money is the root of all evil."
If this kind of uproar continues to escalate, The US Neoprene Court, will begin to feel the heat of agitated millions. They are bitting the hands that feed them.
It is time for a Constituti0onal Amendment to protect property rights!!!!!!
Yup.
Article 3 section 2 paragraph 2 gives The Congress the Power to limit any and all matters before any court including the Supreme Court. All Congress has to do for ANY LAW is to put "The Supreme Court Shall Remain Silent on This Issue" at the end.Now getting Congress to exercise their authority over the judiciary is another matter. The are a bunch of spineless whimps.
"In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make. "
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