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House Votes To Undercut 5-4 Ruling On Property (Eminent Domain Takes Hit)
Washington Post ^ | 7/1/05

Posted on 07/01/2005 5:03:46 AM PDT by linkinpunk

House Votes To Undercut 5-4 Ruling On Property

Federal Funds Tied To Eminent Domain

By Mike Allen and Charles Babington

Washington Post Staff Writers

Friday, July 1, 2005; Page A01

The House voted yesterday to use the spending power of Congress to undermine a Supreme Court ruling allowing local governments to force the sale of private property for economic development purposes. Key members of the House and Senate vowed to take even broader steps soon.

/snip

The House measure, which passed 231 to 189, would deny federal funds to any city or state project that used eminent domain to force people to sell their property to make way for a profit-making project such as a hotel or mall.

/snip

The measure, an amendment to an appropriations bill, would apply to funds administered by the departments of Transportation, Treasury, and Housing and Urban Development. House Majority Leader Tom DeLay (R-Tex.) and Majority Whip Roy Blunt (R-Mo.) said they will push for a more inclusive measure that would apply to all federal funds.

/snip

Sen. John Cornyn (R-Tex.) introduced a similar measure and immediately drew a Democratic co-sponsor, Sen. Bill Nelson (Fla.), as well as Sen. Rick Santorum (R-Pa.), who is number three in his party's leadership. The House bill is sponsored by Judiciary Committee Chairman F. James Sensenbrenner Jr. (R-Wis.). Its Democratic co-sponsors include Reps. John Conyers Jr. (Mich.), Maxine Waters (Calif.) and Peter A. DeFazio (Ore.).

/snip

(Excerpt) Read more at washingtonpost.com ...


TOPICS: Government; News/Current Events
KEYWORDS: 109th; eminentdomain; kelo; tyranny
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To: Shaq ONeal

good ideas actually....those are things I didn't think about, but they would be within congressional power.


61 posted on 07/01/2005 7:03:04 AM PDT by rwfromkansas (http://www.xanga.com/home.aspx?user=rwfromkansas)
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To: Tax-chick
I'd make that my new tagline, but it's too long!

I like to use the word "feckless" whenever I can. It's such a good word, and so appropriate in this case.

62 posted on 07/01/2005 7:31:27 AM PDT by Aquinasfan (Isaiah 22:22, Rev 3:7, Mat 16:19)
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To: Aquinasfan

I use feckless and shiftless for my in-laws.


63 posted on 07/01/2005 7:32:55 AM PDT by Tax-chick ("I am saying that the government's complicity is dishonest and disingenuous." ~NCSteve)
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To: Tax-chick
I use feckless and shiftless for my in-laws.

I hear ya. My nephews.

64 posted on 07/01/2005 7:44:20 AM PDT by Aquinasfan (Isaiah 22:22, Rev 3:7, Mat 16:19)
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To: sauropod
"House Minority Leader Nancy Pelosi (D-Calif.) criticized the measure. "When you withhold funds from enforcing a decision of the Supreme Court, you are in fact nullifying a decision of the Supreme Court..."

DUH!!!

What a DOPE she is!

65 posted on 07/01/2005 8:00:40 AM PDT by Bigun (IRS sucks @getridof it.com)
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To: sauropod
You bet!! SCOTUS voted liberally (again) as to impose a direct conflict with the 5th Amendment without any instruction to Congress to take up the debate, and if so decided by both houses, to craft an amendment and then have the states to vote (all voters) as required to by the Constitution to change the Constitution.

The House has done the right thing by their voting.

Of course such a response from Pelosi (D-Calif.)only verifies again the Left's long standing intent to have their agenda legislated from the bench by liberal judges for laws and a government the majority does not want!!.

66 posted on 07/01/2005 8:22:19 AM PDT by RSmithOpt (Liberalism: Highway to Hell)
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To: gridlock

Yes, that's why Justice Thomas reminded us that the black community used to say that Urban Renewal actually meant Negroe Removal.


67 posted on 07/01/2005 8:25:16 AM PDT by Sal
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To: linkinpunk

Let see how the Lords and Ladies of the Senate vote on this one.


68 posted on 07/01/2005 8:27:56 AM PDT by news blogger
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To: linkinpunk

Federal funds tied to eminent domain projects only, or funds to the cities and towns which invoke those processes?

How many hotels, malls, and casinos, etc are actually built with federal funds?


69 posted on 07/01/2005 8:31:17 AM PDT by Radix (I was looking for a Tag Line when I found this one!)
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To: gridlock
"No piece of desirable waterfront property will be safe under this ruling."

I'd like to see some development in those California beach areas where many movie stars reside.

In fact, it is my opinion that the Kennedy compound in Hyannisport, Mass. is nothing more than an eyesore! A nice, new, modern resort would probably bring some increased tax revenues there for the citizens of Hyannis. You can watch the Nantucket ferry from that beach, and of course Nantucket itself is loaded with great beach front property ready for development.

70 posted on 07/01/2005 8:39:02 AM PDT by Radix (I was looking for a Tag Line when I found this one!)
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To: linkinpunk

They need to add language to the bill that specifically excludes it from SCTOUS review.


71 posted on 07/01/2005 8:42:00 AM PDT by BlueNgold (Feed the Tree .....)
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To: linkinpunk
you are in fact nullifying a decision of the Supreme Court," she told reporters.

Sheesh, Pelosi reveals that she believes an activist court makes laws and the Congress enforces them. What a twit.

72 posted on 07/01/2005 8:45:10 AM PDT by 1Old Pro
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To: rwfromkansas
Now, they could try to get a constitutional amendment, but I doubt we could get enough Dems to make it pass.

Maybe they could just re-print the Fifth Amendment, but add "...and we really, really mean it this time!".

73 posted on 07/01/2005 9:15:44 AM PDT by gridlock (ELIMINATE PERVERSE INCENTIVES!!)
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To: linkinpunk

These are the kind of statistics we need to keep reading to fight the dems in upcoming elections.


74 posted on 07/01/2005 9:21:11 AM PDT by ampat
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To: linkinpunk

about damn time congress did something about this fiasco!


75 posted on 07/01/2005 9:22:29 AM PDT by NoClones
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To: linkinpunk
Liberal Rep. Jim Kolbe (RINO-AZ) is one of the alleged Republicans who voted against this measure. Kolbe is being challenged by a conservative Republican in the 2006 Primary Election. His challenger, former State Rep. Randy Graf, needs all the help he can get against Rep. Kolbe who is a well financed, well entrenched 20-year incumbent. Randy Graf's website can be found at www.votegraf.com.
76 posted on 07/01/2005 9:25:12 AM PDT by Spiff (Don't believe everything you think.)
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To: Tax-chick
SCOTUS rules that states or localities can use eminent domain to favor private development projects, and Pelosi thinks that means that the Federal government has to financially support "private" development projects. Boggles the mind.

Pelosi and the Dims think Kelo is a great decision - why wouldn't they? After all, it undermines private property rights, so of course Pelosi and the rest of them, who would turn all private property over to the state given half a chance, are going to support it.

However, they know it's a very unpopular decision, and therein lies the dilemma - how to support it without looking like they're supporting it. In the old Dinosaur Media world, they'd just let the furor die down and then start the re-education campaign in the press, probably by painting opponents of Kelo as racists, the privileged rich and white standing in the schoolhouse door of government making life better for all minorities by ensuring property is "fairly" used. By doing this, they could probably realistically hope to make Kelo "untouchable" in the way Roe vs. Wade is; elevating to it practically a sacrament. That would be in a world where all information was controlled by CBS, ABC, NBC, the Washington Post and the New York Times.

However, in today's world of other media sources, they could never make that fly. And so they're reduced to appealing to the "sanctity of the courts", the "GOP abuse of power", and "Republican war on the judiciary" canards. Comments like Pelosi's will only get shriller and more hysterical as the Republicans continue to press the issue. Start looking for the playing of the "dividing the country" card, the "why are the Republicans wasting time on this while US troops are dying in Iraq" card, the push polls "showing" that no one cares about Kelo, and, once all of the above fail to gain any traction, the race card as described above. Once that one comes down we'll know their backs are against the wall.

77 posted on 07/01/2005 9:43:26 AM PDT by CFC__VRWC ("Anytime a liberal squeals in outrage, an angel gets its wings!" - gidget7)
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To: Spiff

I assume that Chris Shays is yet another RINO who voted against this measure. What about Walter Jones from NC?


78 posted on 07/01/2005 9:44:33 AM PDT by CFC__VRWC ("Anytime a liberal squeals in outrage, an angel gets its wings!" - gidget7)
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To: linkinpunk
House Minority Leader Nancy Pelosi (D-Calif.) criticized the measure. "When you withhold funds from enforcing a decision of the Supreme Court, you are in fact nullifying a decision of the Supreme Court," she told reporters.

That's the point!

79 posted on 07/01/2005 9:50:37 AM PDT by HapaxLegamenon
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To: CFC__VRWC
Start looking for the playing of the "dividing the country" card, the "why are the Republicans wasting time on this while US troops are dying in Iraq" card, the push polls "showing" that no one cares about Kelo...

I've been talking with some of my friends who I would consider apolitical, who have never expressed an opinion on any political topic through three Presidents, four wars, and the reign of Clintigula I. But they have all had opinions on Kelo. They are homeowners, and they see this law as an attack on their very way of life.

People really care about this one. If the Donks don't get on the right side of this issue, they are finished as a national party.

80 posted on 07/01/2005 10:27:33 AM PDT by gridlock (ELIMINATE PERVERSE INCENTIVES!!)
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