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Becoming angry over the Kelo decision is good. Becoming energized and doing something productive about it is better.

Private citizens in Utah didn't wait to hear what the Supreme Court would say in Kelo. We pushed our legislators and governor to implement legislation expressly prohibiting these kinds of takings. So, the Kelo decision is largely a non-event as far as Utah is concerned.

The article says Utah is the first state to enact such legislation. That may be true. About a half a dozen other states also prohibit such takings, but these are likely due to state supreme court rulings specific to those states. Citizens in those states would be wise to fix the problem more permanently and do as as Utah has done, or amend their constitutions.

This particular article is taken from an environmentalist publication which points up the odd alliance that has formed over this issue extending from conservatives and radical libertarians on the right to radical environmentalists on the left.

The villain in this passion play is the cities, bastions of social experimentation and wealth redistribution. Cities delight in restricting private property rights. Rent controls have been a fixture in the big cities for decades.

Bottom line: get angry, but then direct that anger in a positive way, just as Utah citizens have done.

1 posted on 06/24/2005 7:54:56 AM PDT by JCEccles
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To: JCEccles

Yea! This needs to be done at the state and local level.


2 posted on 06/24/2005 7:55:54 AM PDT by Tax-chick (Working Class Zero with wall-to-wall carpeting.)
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To: JCEccles; Sandy

Is this law not trumped by the SCOTUS? Supreme law of the land, and all of that?


3 posted on 06/24/2005 7:56:21 AM PDT by Huck (Don't follow leaders)
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To: JCEccles

It's a little too late for this, in Utah's case. On my last trip out west I met a few folks from Utah in Cheyenne, WY who were utterly p!ssed off at the extensive abuse of "eminent domain" that was perpetrated by government officials for the 2002 Winter Olympics in Salt Lake City.


8 posted on 06/24/2005 8:00:45 AM PDT by Alberta's Child (I ain't got a dime, but what I got is mine. I ain't rich, but lord I'm free.)
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To: JCEccles

This was a good move. Perhaps states should amend their constitutions, not just statutes, to prohibit municipalities and the like from taking private property for economic development.


11 posted on 06/24/2005 8:02:01 AM PDT by mountaineer
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To: JCEccles

That's been my point -- it is a local State issue and can be taken care of in the legislature which is what needs to be done. If the CT legislature had acted, this would be mute.

Instead of hand wringing, people need to take action to preclude this happening in their state -- city/state government is to blame in the CT case IMHO.


14 posted on 06/24/2005 8:07:20 AM PDT by PhiKapMom (AOII Mom -- J.C. for OK Governor; Allen in 2008)
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To: JCEccles
Utah Gov. Jon Huntsman Jr. (R) on March 17 signed into law Senate Bill 184

Anyone know where I can find the text of this bill? The Virginia General Assembly is out of session for the year and we have elections this fall. I'd like to see getting something like this passed next year.

15 posted on 06/24/2005 8:11:43 AM PDT by gieriscm
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To: JCEccles
Local governments may still use eminent domain for more traditionally defined and understood "public purposes."

"public purposes" ??!? Where in the Constitution does it let them take land for public purpose? It DOESN'T! It only allows for public use, like roads.

18 posted on 06/24/2005 8:17:58 AM PDT by antiRepublicrat
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To: JCEccles
sends the wrong message to business leaders nationwide about the climate in Utah for new business growth

As if "Sure, come in and we'll give you any property you want, even if somebody's living on it" is the right message?

19 posted on 06/24/2005 8:19:56 AM PDT by antiRepublicrat
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To: JCEccles

They are leading the charge against the robed tyrants!


24 posted on 06/24/2005 8:34:57 AM PDT by sheik yerbouty
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To: JCEccles

The only major change to eminent domain was several years ago and was procedural. There was a court case that determined that restricting use of private land was also a taking. For example, placing a bikeway easement or a greenbelt easement across private land amounted to denying the owner the use of the land and was a taking.


25 posted on 06/24/2005 8:36:54 AM PDT by RightWhale (withdraw from the 1967 UN Outer Space Treaty)
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To: JCEccles
You said..."Private citizens in Utah didn't wait to hear what the Supreme Court would say in Kelo. We pushed our legislators and governor to implement legislation expressly prohibiting these kinds of takings. So, the Kelo decision is largely a non-event as far as Utah is concerned."

It would appear that a solid red state such as yours could limit eminent domain activities....for the moment. Hope your State Supreme Court is on board with all this.

My concern is the motivation this ruling by the SCOTUS gives for big money business and developers to get involved in local and state government activities. My analogy is what CFR did to the proliferation of campaign monies...and the establishment of the 527's. The moral is...when big big money is involved....somebody will try to find a loophole or a way to defeat the law.

In addition...not all of us have the luxury of living in Utah.

This ruling will further polarize and divide the country...in terms of the states such as yours who have these regulations.

My advice...don't invest in real estate in a state which does not have the laws you have.
28 posted on 06/24/2005 8:58:56 AM PDT by Dat Mon (will work for clever tagline)
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To: sauropod

read later


30 posted on 06/24/2005 9:02:50 AM PDT by hellinahandcart
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To: JCEccles
This is a good strategy . . . but what's to stop the Supreme Court in the future from declaring this law unconstitutional?

I would embark on a three-pronged strategy on these property rights issues:

1) Do what Utah did and start fighting this at the state level;

2) Revamp all "private property" arguments to emphasize the "public benefit" aspects of private property in line with the rulings in the mill acts. If these are they rules they want to play by, we better learn to play by their rule book. And we can win---but it requires a shift in legal strategy away from fighting the old "pristine private property" arguments; and

3) GET NEW SUPREME COURT JUDGES IN.

35 posted on 06/24/2005 9:11:08 AM PDT by LS (CNN is the Amtrak of news)
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To: EdReform

Bookmark


37 posted on 06/24/2005 9:13:57 AM PDT by EdReform (Free Republic - helping to keep our country a free republic. Thank you for your financial support!)
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To: JCEccles; Frank_Discussion

What big city has rent control other than NYC?

Frank another interesting article relevant to our discussion.


47 posted on 06/24/2005 10:03:49 AM PDT by justshutupandtakeit (Public Enemy #1, the RATmedia.)
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To: abbi_normal_2; adam_az; Alamo-Girl; Alas; alfons; alphadog; AMDG&BVMH; amom; AndreaZingg; ...
Rights, farms, environment ping.
Let me know if you wish to be added or removed from this list.
I don't get offended if you want to be removed.

List of Ping lists

54 posted on 06/24/2005 12:30:18 PM PDT by freepatriot32 (www.lp.org)
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To: JCEccles

I am sure some lawyer hired by a developer could come up with some excuse all these State laws violate "Interstate Commerce".

If it ever reaches the USSC I bet the same 5 would go for it.

I am half joking but the other of me would not be surprised considering this day and age.


70 posted on 06/26/2005 4:21:27 PM PDT by rollo tomasi (Working hard to pay for deadbeats and corrupt politicians)
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