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Donald Trump and Eminent Domain [Revisiting Trump's support of the Supreme Court's Kelo decision]
National Review ^ | 04/19/2011 | Robert VerBruggen

Posted on 08/09/2015 7:15:46 PM PDT by SeekAndFind

In a free market, there’s a pretty simple process for dealing with the situation that arises when one person covets another’s belongings: The coveter makes an offer to purchase them. If the offer is rebuffed, the coveter can make a new proposal, but he cannot simply take what he wants. It’s an effective way of recognizing the impracticality of the Tenth Commandment while enforcing the Eighth.

Donald Trump’s covetous nature is not in dispute, but what many may forget is that he’s no great respecter of the admonition not to steal, either: The man has a track record of using the government as a hired thug to take other people’s property. This is called, of course, “eminent domain.”

The Constitution’s Fifth Amendment allows the government to take private property for “public use,” so long as “just compensation” is paid. In the infamous 2005 Kelo decision, the Supreme Court held that “public use” could include, well, private use, so long as the new property owner paid more in taxes than the previous one. In other words, it allowed developers and the government to gang up on homeowners. The developer gets more land, the government gets more tax money. The only losers are the original owner and his property rights.

A decade and a half ago, it was fresh on everyone’s mind that Donald Trump is one of the leading users of this form of state-sanctioned thievery. It was all over the news. In perhaps the most-remembered example, John Stossel got the toupéed one to sputter about how, if he wasn’t allowed to steal an elderly widow’s house to expand an Atlantic City casino, the government would get less tax money, and seniors like her would get less “this and that.” Today, however, it takes a push from the Club for Growth to remind us of Trump’s lack of respect for property rights. The problem dates back to at least 1994.

That year, Trump promised to turn Bridgeport, Conn., into“a national tourist destination by building a $350 million combined amusement park, shipping terminal and seaport village and office complex on the east side of the harbor,” reported the Hartford Courant. “At a press conference during which almost every statement contained the term ‘world class,’ Trump and Mayor Joseph Ganim lavished praise on one another and the development project and spoke of restoring Bridgeport to its glory days.”

The wrinkle? “Five businesses and the city-owned Pleasure Beach now occupy the land,” as the Courant put it. The solution? “The city would become a partner with Trump Connecticut Inc. and obtain the land through its powers of condemnation. Trump would in turn buy the land from the city.” Here’s how the story concluded: “The entire development would cost the city nothing, Trump said, and no private homeowners would be affected because there are no dwellings on the land. Trump would own everything.”

That brings us to the story of the aforementioned elderly widow in Atlantic City, which starts at about the same time. The woman, Vera Coking, had owned property near the Trump Plaza Hotel for three decades, and didn’t want to move. Trump thought the land was better suited for use as a park, a parking lot, and a waiting area for limousines. He tried to negotiate, at one point offering Coking $1 million for the land. But she wasn’t budging. So New Jersey’s Casino Reinvestment Development Authority filed a lawsuit, instructing Coking to leave within 90 days and offering compensation of only $251,000. Perhaps the only upside to this story is that in neither case did Trump succeed.

The Bridgeport plan fizzled. Coking fought in court, and — in part because these were the days before Kelo was decided, no doubt — she was lucky enough to win. In 1998, a judge threw out the case. In 2005, however, Trump was delighted to find that the Supreme Court had okayed the brand of government-abetted theft that he’d twice attempted. “I happen to agree with it 100 percent,” he told Fox News’s Neil Cavuto of the Kelo decision.

Can Republicans support someone with so little regard for the property of others? Let’s hope not.

— Robert VerBruggen is an associate editor of National Review.


TOPICS: Constitution/Conservatism; Extended News; Government; News/Current Events; Politics/Elections; US: Connecticut; US: New York
KEYWORDS: 2016election; bridgeport; casinos; clubforgrowth; connecticut; donaldtrump; election2016; eminentdomain; johnstossel; kelo; land; newjersey; newyork; propertyrights; realestate; revenue; stormtrumpers; supremecourt; trollbait; trolls; trump; trump2016; veracoking
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To: SeekAndFind
“At a press conference during which almost every statement contained the term ‘world class,’ Trump and Mayor Joseph Ganim lavished praise on one another and the development project and spoke of restoring Bridgeport to its glory days.”

And let me remind everyone of you FReepers that Ross Perot used the same phrase constantly during his successful effort to put Bill Clinton in the White House that he shamed and disgraced!!!

161 posted on 08/09/2015 9:29:29 PM PDT by SierraWasp (Help Stamp Out Pernicious Progressives and Arrogant Activists With Their Liberalism!!!)
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To: Artcore
And they’re strangely silent about Cruz voting in favor of TPP...hmmm?

TPP has not been put up for a vote. And Cruz voted against TPA? Seriously, where have you been?

162 posted on 08/09/2015 9:29:49 PM PDT by 1rudeboy
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To: Catsrus

You say “It was a win/win for everyone”. Except for the lady that lost her property. It was her property. She should have the right to sell it or not sell it. If you disregard a fundamental right because your candidate has abused it you show a lack of principles. Fundamental principles are timeless. They can’t be explained away.


163 posted on 08/09/2015 9:31:59 PM PDT by glabbe
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To: SpaceBar

” If a fair, hand counted, paper ballot using valid passport information were held tomorrow, excluding illegal aliens and other voter fraud, Donald Trump would win in a landslide. You are, in a nutshell, delusional. “

You my friend , are exactly right . BTW - Japan still uses paper ballots , and it is impossible to vore more than once . Illegal aliens ? NO F-in way !


164 posted on 08/09/2015 9:37:01 PM PDT by sushiman
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To: Artcore

Sorry, misplaced question mark—Cruz voted against TPA. Do you follow politics very much?


165 posted on 08/09/2015 9:38:37 PM PDT by 1rudeboy
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To: SeekAndFind

Even liberals like Alan Colmes saw that Kelo was a bad decision. How could Trump support it?

Then again, he supports single payer.


166 posted on 08/09/2015 9:44:58 PM PDT by TBP (Obama lies, Granny dies.)
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To: 1rudeboy

TPP has not been put up for a vote. And Cruz voted against TPA? Seriously, where have you been?

_________________________________________

Cruz initially voted in favor of TPA.

Trump’s position on ED was as a private citizen...get it?

Sorry, but when you ignore something that a sitting Senator was about to do, while screaming bloody murder over a position that a private citizen held four years ago; well, you’re just full of sh*t.


167 posted on 08/09/2015 9:50:46 PM PDT by Artcore
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To: 1rudeboy

His initial vote was for it. Do you follow politics very much a$$hole?


168 posted on 08/09/2015 9:51:50 PM PDT by Artcore
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To: Artcore

“Initial vote?” What the heck is that, genius?


169 posted on 08/09/2015 9:55:50 PM PDT by 1rudeboy
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To: terycarl
when a holdout like this appears and trys to halt a zillion dollar improvement to her city, I begin to side with the city....Sometimes a little sacrifice is necessary for the good of the whole.

Someone else has already answered you far better than I can:

“If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen.”

170 posted on 08/09/2015 9:56:19 PM PDT by eddie willers
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To: mongrel

It’s jaw dropping isn’t it?

In Sept. 2016 it will be 4 years since Benghazi. Hillary will be in the clear as it will be old news.

You can’t reason a person out of a position that they didn’t reason themselves into. A great many Americans seem to pick their candidates not by weighing the pros & cons, looking into past statements, voting & legislation history etc. They choose someone emotionally. Someone who says all the right things and can persuade them to trust them. In other words, if you are a great manipulator and know how to get people to believe you, you can sway a large number of people to support you. A smooth talker. Sort of like a used car salesman:)

This becomes almost like a cult to these people. To accept facts would make them have to change their beliefs. It is very hard to get people to do that when they have invested themselves into someone emotionally. They don’t think clearly and they only get mad at you when you point these things out to them. They will never change their minds.

Barack Obama was very good at doing this and still people will defend him to the end and refuse to believe one bad thing about him. They have too much of themselves invested in him.


171 posted on 08/09/2015 9:59:49 PM PDT by conservativegranny (Cruz 2016)
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To: SeekAndFind; SpaceBar; All
Hit piece.

Yes it was a hit piece.

The Constitution’s Fifth Amendment allows the government to take private property for “public use,” so long as “just compensation” is paid.

The pro-GOPE, low-information author of the referenced article was unsurprisingly not taught the following about the 5th Amendment. The Founding States had originally decided that the states didn’t have to respect the prohibitions and limitations of “government” power in the Bill of Rights.

In other words, unless the Constitution expressly prohibits or limits certain powers to the states, general limitations of “government” power in the Constitution, such as the government being required to compensate for land in eminent domain cases, originally applied only to the federal government, not to the states.

In fact, as evidenced by the state eminent domain case of Barron v. Baltimore (Barron), the state governments could basically seize private property without needing an excuse or providing compensation.

It wasn’t until the 14th Amendment was ratified that the states obligated themselves to at least compensate a former land owner for seizing land like the feds must do. But it remains that the states still don’t need an excuse to take land as evidenced by developers working with local and state officials in cases like Kelo, regardless that local or state governments must now pay for seized property.

So even after all the time since Barron was decided and the 14th Amendment later ratified, pro-GOPE citizens still aren't making a distinction between different limitations on state and federal government powers as enumerated in the Constitution.

172 posted on 08/09/2015 10:04:19 PM PDT by Amendment10
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To: Amendment10
Hello? Did the state seize any property in Barron?
173 posted on 08/09/2015 10:08:06 PM PDT by 1rudeboy
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To: SpaceBar

The fact that it may very well be a hit piece doesn’t make it any less true. Trump has long supported eminent domain when it profits his interests. The Kelo decision strikes to thw heart of where we stand in our relationship with feral government.


174 posted on 08/09/2015 10:27:18 PM PDT by zeugma (The best defense against a bad guy with a gun is a good guy with a gun)
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To: Artcore

“And yet NO criticism from Ted Cruz and Sarah Palin...hmmm?”

And I hope they don’t. They are playing it smart. The GOPe is playing stupid with Trump and giving him exactly what he wants. They shouldn’t be playing his game and sniping back and forth with him. Banning him from debates is just plain asking for it. Dumb, dumb, dumb. Let the man talk! He is looking for an excuse to run 3rd party and the GOP is giving him one. I personally believe this is the plan that was worked out with Hilary.

Sarah & Cruz have said they like Donald Trump. The more the merrier and all that. But have they said they would vote for him and he would make a good POTUS? Do you think Sarah will endorse Trump?

I think the GOP would be smart to leave Trump alone. Let his words and actions speak for themselves. Voters will eventually get serious about this race and realize that while Trump was entertaining he isn’t presidential material.

If you notice, after the debates Cruz’s percentages went up and he is right behind Donald. Trump has been very valuable as far as getting the issues that are important out in front. Do I believe he really believes what he is saying? No. No one does that much of a 180 in a few short years. He has an agenda. He has no proven record. He is not easy to trust. When people realize they can’t seriously vote for a guy like that these people’s votes will most likely go to the most conservative candidate who is polling right behind him. Just my theory. Take it or leave it.

Talking about what all of the candidates have said or done in the past is very important and crucial to finding out who they really are and what they believe.


175 posted on 08/09/2015 10:31:10 PM PDT by conservativegranny (Cruz 2016)
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To: zeugma

I myself am interested in this “hit piece” concept. So di this author, in 2011, anticipate Trump’s run in 2015?


176 posted on 08/09/2015 10:36:00 PM PDT by 1rudeboy
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To: 1rudeboy

Ha! When I made my initial comment, I hadnt noticed it was a 2011 article. If it was a hit piece, I want the guy’s crystal ball.


177 posted on 08/09/2015 11:16:59 PM PDT by zeugma (The best defense against a bad guy with a gun is a good guy with a gun)
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To: 1rudeboy; All
Hello? Did the state seize any property in Barron?

Mea culpa, and thank you for bringing that detail to my attention. I had forgotten that Mr. Barron had tried to use the 5th Amendment to force the City of Baltimore to compensate for what I surmise was a loss of revenues to his business as a consequence of water-related damage near his property. (You break it you pay for it.)

"A decade and a half ago, it was fresh on everyone’s mind that Donald Trump is one of the leading users of this form of state-sanctioned thievery."

It remains that Kelo v. New London, along with Trump’s alleged involvement in working with state / local governments to force private land owners to sell their land for development purposes is not protected by the “public use” restriction that the 5th Amendment puts on the federal government.

Note that citizens could work with their local and state government lawmakers to make laws to protect themselves from forced property sales if they understood that the 5th Amendment eminent domain clause doesn’t protect their property from the states to the same extent that it protects them from the feds.

178 posted on 08/09/2015 11:37:45 PM PDT by Amendment10
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To: The Ghost of FReepers Past
This eminent domain abuse is one of the reasons we have heard so many RINOs start openly agreeing with the far left view that your earnings are actually government property and the government should decide what to let you have.

They seriously believe your earnings are rightly government's wealth even before you have earned the money and that's why they make the peculiar argument that "tax cuts cost government."

They also believe that all land is government property and thus can be taken at any time if you are not in their eyes as productive towards their goals because land equates to tax revenue. If your choice of land use brings in less revenue than Trump's use would, then you are "robbing" the government.

179 posted on 08/09/2015 11:46:18 PM PDT by piasa (Attitude adjustments offered here free of charge)
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To: editor-surveyor

Why would you be sending this to me? Have I posted anything on this thread beyond this one here? Surely you’re not going back into my other posts on other threads and trying to bring that here to this thread, are you?

Or are you keeping a [ooga-booga] list of those Freeper Traitors who won’t trash Trump?

I’ve long said Cruz is my first choice. I’ve made that patently clear whenever the subject of who I support comes up and is warranted. At the same time, I’ve had fun in seeing the butt hurt Trump seems to give everyone - some to the point of apoplexy. Virtually our entire media now seems to be either in the pocket of Democrats, or squarely in the pockets of establishment GOP. That means they’re fully behind Jeb Bush. So to the extent that Trump’s run at present gives Team Bush the willies and scares them, all the better.

As a Cruz supporter, I take my cues from him. If he isn’t out there publically worrying about Trump then I’m not gonna worry about it. My job one is to do anything and everything I can to stop Jeb Bush. I fail to see how foregoing the exposure of all Jeb Bush’s faults in lieu of decimating Trump accomplishes that, even with some of the scenarios some people cook up about Trump’s bad impact.

We all now know Trump’s past position (probably still) on Eminent Domain. We get that, and I don’t like it. But he’s not my candidate anyway. The one thing I do thank him for is bringing back the word “illegal” to our national dialogue. I’d hope that we could collectively parlay that and keep that dialogue alive and force Bush out into full open view with his anti-sovereignty views.

Lastly, I see the use of a lot of “imbecile”, “idiot, “troll” and all the other epithets for people who don’t agree with the anti-Trump movement. It accomplishes nothing for that cause. We’ll all be here arguing about Trump, or Walker, or Cruz or even some of the others on how “bad” they are. All the while, Jeb is scurrying under the wires and inside the camp taking the nomination.


180 posted on 08/10/2015 1:01:35 AM PDT by Gaffer
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