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Eminent Domain Ruling Labeled 'a Horrible Precedent'
CNSNews ^ | 6/24/05 | Monisha Bansal

Posted on 06/24/2005 5:22:27 AM PDT by Tumbleweed_Connection

A spokesman for the Libertarian Party of Connecticut Thursday accused the U.S. Supreme Court of setting "a horrible precedent" in siding with local governments that seize property for the so-called "public good." Kenneth Gordon called it a "sad day in American history."

The high court's ruling on eminent domain "now allows government to be in cahoots with business to steal property from private owners to give essentially to the highest bidders," said Gordon, the communications director for the Libertarian Party of Connecticut. "It's crossing a line that I hoped we never were going to cross," he told Cybercast News Service.

In a 5-4 decision, the court allowed governments to take private property against the owners' consent through eminent domain so long as the owners receive fair compensation.

"Just as we decline to second-guess the City's considered judgments about the efficacy of its development plan, we also decline to second-guess the City's determinations as to what lands it needs to acquire in order to effectuate the project," stated Justice John Paul Stevens in the majority opinion.

Suzette Kelo and several other homeowners in New London, Conn., sued the city after it announced plans to replace their homes with a riverfront hotel, health club and offices. The development was part of a plan to draw tourists to the Thames riverfront adjoining a Pfizer pharmaceutical corporation research center.

Stevens pointed out that "the [New London Development Corporation] intended the development plan to capitalize on the arrival of the Pfizer facility and the new commerce it was expected to attract." This was designed, he wrote, "to make the City more attractive and create leisure and recreational opportunities."

But Gordon, from the Libertarian Party, asserted that "the political thugs" had won as a result of the Supreme Court's verdict.

"The deepest pockets will be able to pull the political strings to take over any neighborhoods or any pieces of property they may want. Eminent domain is not corporatism; it was intended to build highways and railroads, things that were usable by the entire public, for the public good, not for individual corporate profits. I'd hate to think what comes next," said Gordon.

Justice Sandra Day O'Connor wrote the dissenting opinion, arguing that as a result of the majority ruling, "any property may now be taken for the benefit of another party." She also warned that "the fallout from this decision will not be random.

"The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms," O'Connor wrote.

The National League of Cities supported New London in the case, and hailed the decision as one of the "most effective tools for ensuring economic development."

"It's important to note that the Court did not expand the power, but reaffirmed its current use, which has been indispensable for revitalizing local economies, creating much-needed jobs, and generating revenue that enables cities to provide essential services," said Anthony A. Williams, president of the National League of Cities and mayor of Washington, D.C.

"With cities and towns facing ever-shrinking resources, we need all the help we can to redevelop our neighborhoods and provide jobs for our citizens," Williams added.


TOPICS: News/Current Events
KEYWORDS: eminentdomain; kelo; news; scotus
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1 posted on 06/24/2005 5:22:27 AM PDT by Tumbleweed_Connection
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To: Tumbleweed_Connection
Kenneth Gordon called it a "sad day in American history."

We've been having a lot of those lately.....

2 posted on 06/24/2005 5:30:00 AM PDT by alicewonders
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To: Tumbleweed_Connection

You dont have to be a lawyer , you dont have to be intelligent , to realise that this is a precedent that will have terrible consequence for America. One of the basic tenets of being American has just been thrown down the toilet.


3 posted on 06/24/2005 5:39:44 AM PDT by sgtbono2002
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To: sgtbono2002

TO: Serfs (Formerly called Americans)
FROM: Your Robed Judial Overlords

RE: Your Right To Own Property

BOHICA!!!!!!


4 posted on 06/24/2005 5:47:24 AM PDT by TXBSAFH (One man's Linux is another man's OS/2.)
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To: Tumbleweed_Connection

OK, so what can be done down the road to reverse this hogwash?


5 posted on 06/24/2005 5:56:46 AM PDT by Victor (If an expert says it can't be done, get another expert." -David Ben-Gurion, the first Prime Minister)
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To: Victor

What makes you think you owned the property anyway!


6 posted on 06/24/2005 6:00:08 AM PDT by chas1776
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To: chas1776
What makes you think you owned the property anyway!

Exactly! If you think you actually own your property try not paying the property taxes and see what happens.....

7 posted on 06/24/2005 6:11:35 AM PDT by Thermalseeker
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To: Tumbleweed_Connection
For anyone looking for insight into the bigger picture of what is happening here in "Post-Constitutional America", this article is a must-read:

When Tyranny Came to America

Print it. Study it. And pass it along. And pray it's not already to late to turn back the hellish tide of socialism that is sweeping across our nation at an ever-increasing pace.

Click the Gadsden flag for pro-gun resources!

8 posted on 06/24/2005 6:25:38 AM PDT by Joe Brower (The Constitution defines Conservatism. *NRA*)
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To: Tumbleweed_Connection

A five to four decision with the liberals lining up to cease private property . They must feel proud . Who's lookin' out for the rich now ??? And the MSM have no comment basically . Now we know what the framers might have been thinking while composing the second ammendment .


9 posted on 06/24/2005 7:01:18 AM PDT by lionheart 247365 (( I.S.L.A.M. ; ) Islam's Spiritual Leaders Advocate Murder .. .. .. ))
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To: Tumbleweed_Connection
Agree, this one will go down with Dredd Scot as one of the most horrible decisions in the Court's history, along with the recent marijuana ruling.

Many years from now, states will wonder where their reserved powers went as they are effectively dissolved, existing in name only, and people will wonder where their rights went, and it'll be directly traceable back to these two decisions, among others.
10 posted on 06/24/2005 8:25:27 AM PDT by antiRepublicrat
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To: Tumbleweed_Connection

A lot of threads on this today. Since nothing has changed, we have to wonder why all the sudden interest in understanding the nature of rights.


11 posted on 06/24/2005 8:27:16 AM PDT by RightWhale (withdraw from the 1967 UN Outer Space Treaty)
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To: Tumbleweed_Connection; ovrtaxt; hershey

A spokesman for the Libertarian Party of Connecticut Thursday accused the U.S. Supreme Court of setting "a horrible precedent" in siding with local governments that seize property for the so-called "public good." Kenneth Gordon called it a "sad day in American history."

The high court's ruling on eminent domain "now allows government to be in cahoots with business to steal property from private owners to give essentially to the highest bidders," said Gordon, the communications director for the Libertarian Party of Connecticut. "It's crossing a line that I hoped we never were going to cross," he told Cybercast News Service.


12 posted on 06/24/2005 10:14:55 AM PDT by Happy2BMe ("Viva La Migra" - LONG LIVE THE BORDER PATROL!)
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To: RightWhale

You keep asserting that nothing has changed when it most certainly has. Why is that? Do you have a vested interest in keeping this ruling in place?


13 posted on 06/24/2005 10:16:53 AM PDT by Dead Corpse (Never underestimate the will of the downtrodden to lie flatter.)
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To: Tumbleweed_Connection; All; Crazieman
Some Homeowners Vow To Stay Despite Ruling Against Them - But few options seem available

Ruling triggers anger, worry in Lee[County] (Cities drooling over eminent domain)

14 posted on 06/24/2005 10:17:02 AM PDT by Happy2BMe ("Viva La Migra" - LONG LIVE THE BORDER PATROL!)
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To: Happy2BMe

The first properties to be taken should be the homes of the Justices.


15 posted on 06/24/2005 10:19:50 AM PDT by patj
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To: Joe Brower
For anyone looking for insight into the bigger picture of what is happening here in "Post-Constitutional America", this article is a must-read:

Thanks for posting that link.

16 posted on 06/24/2005 10:23:40 AM PDT by Freebird Forever (Imagine if islam controlled the internet.)
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To: patj
This ruling will instantly create a political backlash of unprecedented proportions.

EARTHQUAKE!

17 posted on 06/24/2005 10:26:40 AM PDT by Happy2BMe ("Viva La Migra" - LONG LIVE THE BORDER PATROL!)
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To: Dead Corpse
Nothing has changed except that a bunch of people are suddenly awake to reality.

I have been flogging this issue for years as it pertains to property in outer space and no one seemed to notice something was amiss. Now they see something is amiss. Nothing has changed except our perception.

18 posted on 06/24/2005 11:18:35 AM PDT by RightWhale (withdraw from the 1967 UN Outer Space Treaty)
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To: Joe Brower
"We The Lawyers..."

So very sad. So very true.

19 posted on 06/24/2005 11:44:42 AM PDT by FreedomAvatar (Gravity is only a theory - Teach the controversy)
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To: RightWhale
I posted a NY Times story last night which defended it.

Today new perspectives are being brought forward. I normally do not participate very much in the posts but something such as capital gains is a big problem for those who are "bought out", especially those who rely on these for retirement. Next I would ask who are you today when the government really is the owner of your property? Where is the free market system now?... I would be amazed if questions such as these ceased.

20 posted on 06/24/2005 11:44:49 AM PDT by Tumbleweed_Connection (http://hour9.blogspot.com/)
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