Eminent Domain |
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The Supreme Court's 05-06-23 ruling on Eminent Domain must stand right along with the Dred Scott case of 1857 as one of the worst Rapes of Freedom in American jurisprudence. In case you were deep in a cave somewhere, read Neal Boortz' take on this outragious decision. Nobody says it better. 
THE END OF PRIVATE PROPERTY RIGHTS I cannot remember being more dismayed at a court ruling... What ruling? Just in case you don't already know, the United States Supreme Court yesterday issued a ruling that goes a long way toward destroying private property rights in this country... Background. The Fifth Amendment to our Constitution restricts the government's right of eminent domain... The right of eminent domain was assumed as a basic part of English Common Law. The Fifth Amendment merely said that government could not exercise this right for a public use without paying for it. The exact working is "nor shall private property be taken for public use without just compensation." For hundreds of years the term "public use" was interpreted to mean use for something like a school, library, police or fire station, power transmission lines, roads, bridges or some other facility owned and operated by government for the benefit of the general population. As politicians became more and more impressed with their own power they started to expand this definition of public use. The new theory is that increasing the property taxes paid on a parcel of property is a public use. Increasing the number of people who can be employed by a business located on a particular piece of property can also be a public use. This would mean that government would be free to seize private property if it can be handed to a developer who will redevelop the property so as to increase the property taxes paid or the number of people employed... As Justice Sandra Day O'Connor said in her dissent, this decision renders virtually all private property vulnerable to government confiscation. Bottom line: If you own property, and the government wants that property --- you're screwed. You now own your private property only at the pleasure of government and that means that you own your property, be it your home, your business or a piece of investment real estate only at the pleasure of the local controlling politicians. [In this Supreme Court Case] The targeted neighborhood is populated by middle class residents. The homes are old, but very well kept. One couple now slated to have their property seized is in their 80's. They celebrated their wedding in that home. They raised their children in that home. They held their 50th wedding anniversary party in that home. Now they're going to lose that home because a developer wants the property... This is America. This shouldn't happen in America. That couple shouldn't be kicked out of their home just because a new development would pay more in property taxes. There are also small businesses located on this tract of land. They're history. The big boys are in town, and the big boys can use eminent domain to get your property. No society ostensibly based on economic liberty can survive unless that society recognizes the right to property. The right to property has been all but crippled by this decision from the Supreme Court. That right is now subject to the whims of politicians and developers... Now ... is there a bright side? Is there anything good in the ruling? Yes, there is, and this is where you come in. Even though the Supremes approved these government confiscations of private property, the five justices who voted with the majority did say that they didn't like it. They encouraged local jurisdictions to pass laws severely restricting these seizures. There are eight states in the nation where the use of eminent domain for private development is all but prohibited by law. Those states are Washington, Montana, Illinois, Kentucky, Arkansas, Maine, South Carolina and Florida. If your state is not on this list, it's time for a little political activism. Start the movement now. Let your legislators know that you want your private property rights restored, and that your decisions on election day will be governed by their willingness to act to preserve your rights. The Supreme Court decision is a horrible blow to private property rights. Whether or not it is a death-blow will be up to you. What can you do? Visit Institute For Justice and Castle Coalition There is also a blog that focuses on eminent domain issues. ~ Neal Boortz This Supreme Court decision is indeed an attack on property rights - a concept fundamental to human rights and highly valued at the founding of the United States. To this nation's shame, at the time of the writing of our Constitution, the colonies were divided on the issue of slavery. That is why a compromise was made and the familiar phrase "Life, Liberty and the Pursuit of Happiness" was born. The original phrase was "Life, Liberty and Property". 
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