Trump's Disregard for Private Property

Townhall.com ^ | February 3, 2016 | Star Parker

[Kaslin]

Donald Trump is running a pretty successful presidential campaign saying that he wants to "Make America Great Again."

But he seems to have very little interest in what exactly it is that makes America great.

This paradox is very much on display when Trump talks about eminent domain, the authority given to government in the constitution to take private property for public use.

Trump says, "Eminent domain is wonderful."

The Fifth Amendment to our Constitution tells us: "No person shall be ... deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

The key question is, what is "public use"?

George Mason University law professor Ilya Somin sums it up as follows: "Until the early 20th century, most courts interpreted those words to cover things such as roads or power lines -- projects owned either directly by the government or by private owners who have a legal obligation to serve the entire public, such as utility companies."

"By the 1950s, however," Somin continues, "The original meaning of 'public use' had been largely abandoned. Legal elites came to believe that government planners should have nearly limitless authority to take property to promote growth and combat blight afflicting the urban poor."

Donald Trump includes himself among these "legal elites" who think government should be free to confiscate private property and turn it over to some private developer who proposes a project, claiming it will create jobs.

This is what happened in the Kelo v. City of New London decision in 2005, when the Supreme Court sided with the city of New London, Connecticut, which seized property to make way for a commercial development anchored by a new research facility for Pfizer Corporation.

One of the property owners, Susette Kelo, sued the city, claiming this seizing of private property for a private development was not "public use" as intended in the constitution.

The court sided with the city, 5-4. The two solid conservatives on the Court at the time, Anton Scalia and Clarence Thomas, sided with Kelo, who was represented by the libertarian public interest law firm Institute for Justice.

Donald Trump told Fox News' Neil Cavuto, regarding the Kelo decision, "I happen to agree with it 100 percent."

It sounds so nice to say a project can bring jobs and development. But can we really allow, in our country, the forcing of private owners off their property because a government entity, working with a private developer, claims there is potential in some new development there?

We have proof in the pudding with Kelo, where the owners were removed and then the project fell through. The place is now an abandoned lot.

Washington is filled with special interests looking for favors, claiming their business project is in the "national interest." Business people such as Donald Trump, who think they know what is best for everyone, can be free to buy out whomever they want. But how can we put the force of government behind them and kick people out of their homes? This is what makes America great?

Back in 1993, Donald Trump tried to buy Vera Coking's Atlantic City home to use the property for his casino development. She refused to sell. So New Jersey confiscated her property. Coking was represented by the Institute for Justice, and defeated Donald Trump in court. Coking kept her home.

Cato Institute economist Mark Calabria estimates that since the Kelo decision in 2005 more than 1 million households "have been displaced by government action." Of these households, Calabria estimates 29 percent were black and 32 percent households in poverty.

What makes America great is respect for law and respect for all private citizens and their property.

We need leaders who understand and care about this. This is what will make America great. Not unprincipled dealmakers looking for wealth and power.

[ManHunter]

Does it not occur to us that, with the focus on issues like illegal immigration run amok, an exploding federal debt, the rise of socialism, widespread corruption at all levels of government, etc., etc., we’re focusing on the symptoms and not the disease?

Taking a broader, historical view, it appears that it’s our straying from the fundamental principles of a constitutionally-based federal republic that has led to our decline, not just recent events that make our decline so painfully obvious. In my opinion, only a return to those principles will begin to pull us out of this descent in which we find ourselves. Maybe it is time for a president willing to shut down the government and veto anything extra-constitutional, whether it be Obamacare, the Department of Education, welfare for illegal aliens, or anything that clearly exceeds the bounds of the Constitution.

[arl295]

Your absolutely right that I care about the invasion of this country over some lawyers nitpicking the edges of the constitutional authority on eminent domain.

One threatens us NOW. It is happening NOW! We’re being flooded with terrorists from the middle east NOW!

And in response we gaze at hypothetical cases in law about minutiae of eminent domain law.

Puhleeese.

That’s arguing over your kid’s college rejection notice while your house is burning.

I agree, we need to look at the big picture here

Controlling immigration would fix many problem we are facing, jobs, welfare, section 8 abuse, health care costs, education costs, property taxes, etc Illegals are draining our resources, what have the political elite done to curb any of this? nothing, But yet we look at the GOPe to fix it.... THEY CREATED IT

Like him or not, Trump did not create the illegal immigration problem. But he wants to fix it. It is the cornerstone of his campaign

[Trumpinator]

Vital infrastructure (such as roads, bridges, pipelines, etc.) = Public use

----

The Keystone pipeline is for PRIVATE use. So fail.

[deport]

What paper are you referring to?

***********

The reference may be back in time to when Heidi was a member of the CFR. The
web will give you some links to her and the CFR committee she was on.

[xzins]

I do agree that we need to hold any candidate’s feet to the fire.

And, since there is law already on the books that enables the building of about a 1000 miles of fence/wall and implement other security aspects of immigration control, then Trump would be without excuse for not doing so.

But, he’s the only one saying that he’ll do what is necessary.

[elhombrelibre]

You sure he’s not from Kenya? I mean believe whatever your God tells you.

[arl295]

We have middle eastern fighting age men flooding into our country, and Trump wants to protect our property and our sovereignty and our lives from all of that.

And yet, he is still happy to use the government to steal YOUR property if it will make him a dime.

You've put the blinders on as well, my FRiend?

What good would my property be to the government after some rag heads from the ME just nuked it?

I have a better chance of winning the powerball than the government seizing my property for private use, and I actually do own land tracts in New Jersey.

Side note, an entire neighborhood of row house in Mount Laurel, 398 private owners, was seized through Eminent Domain and turned over to a private developer to build flashy new condos with granite counter tops. Where were the "Consistent Conservatives" on this one? Nowhere to be found of course. Some left wing lawyer group came in to help the homeowners, but they ended up getting their homes bulldozed anyways.

[dem bums]

The Keystone pipeline is for PRIVATE use. So fail.

I guess that makes it no different than Trump's limousine parking lot, then. You showed me!

[IMR 4350]

Only in the mind of a Trumpster would a Trump casino be considered necessary for the overall good of the country and a pipeline wouldn’t.

[libbylu]

Trumpees endorse all DT and will defend everything about him. Funniest, hilarious part - they still expect other candidates to have principles.
Hilarious.

[tlozo]

“but Trump applying that to a what amounted to a crack house”

You’re being completely dishonest. It was not a “crack” house at the time. It was the home of an old woman who wanted to live in peace in her own house.

[elhombrelibre]

NO, of course not. What’s good for Trump is good for America. Anyone wanting to keep his property and not be forced to sell it to Trump hates America. Trump is America. Trump rocks.

[GeaugaRepublican]

Let’s make sure that we make it as difficult as possible for a city to to partner with developers in urban areas those areas that really need jobs and redevelopment.

Of course I would hazard a guess that few on this forum actually live in an urban environment that uses “Enterprise Zones”.

Pretty sure the people that you are “helping” don’t want the your help.

[SC_Pete]

Or bridges, highways, trains, airports, sewage systems, water, sanitation, tunnels, damns, levies, canals, power plants, solar panel farms, wind turbine farms, and on and on and on.
Eminent domnain must be used wisely—but it is unavoidable.

[SC_Pete]

Or bridges, highways, trains, airports, sewage systems, water, sanitation, tunnels, damns, levies, canals, power plants, solar panel farms, wind turbine farms, and on and on and on.
Eminent domnain must be used wisely—but it is unavoidable.

[arl295]

In any case the claim eminent domain is OK for a private enterprise like the Keystone pipeline that benefits a foreign country but Trump applying that to a what amounted to a crack house across from his casino is wrong is bizarre. Trump offered up to 6 times market value and was turned down and eventually built around it. Now the house can't be given away and is a blight on the community full of resident crack heads.

Actually the home was demolished in 2014, Carl Icahn, yes that guy, bought at auction for 500K, he promptly leveled the 18 room boarding house.

The home was not some "old granny's" two bedroom beach bungalow, it was a crime infested 18 room boarding house. (private property is still private property, I am just pointing out what it actual was. Seems too many people distort the facts to fit a narrative(Trumpinator, this was not against you, just the people who distort that this was some old lady's home, it wasn't))

[xzins]

When in war, you worry about the enemy’s actual attacks that have the most immediate chance to overwhelm you.

[pilgrim]

“There are none so blind as one who will not see.”

And when you mention it you have turned from logic to

screaming hysterics.

This statement Trump made disturbs me.

“For the most part, you can’t respect people because most people aren’t worthy of respect,”

Take care.........pilgrim

[xzins]

The terrorists are flooding in NOW!

Plots are being launched NOW!

Jobs are being lost NOW!

Let’s deal with the actual emergencies before we worry about hypothetical ones.

[arl295]

“but Trump applying that to a what amounted to a crack house”

You’re being completely dishonest. It was not a “crack” house at the time. It was the home of an old woman who wanted to live in peace in her own house.

You bought the left wing propaganda, the home was actually a 18 room boarding home, she rented rooms to transients on a weekly basis.

Not saying taking it through eminent domain was right, just want people to understand exactly what it was and stop spreading left wing lies against one of our candidates