A Man's Home...Is Somebody Else's Mall
Or so it's been in recent years -- just disgustingly. Daren Bakst writes in American Thinker that a bill now pending in the United States House could dial back eminent domain abuse:
In Kelo v. City of New London, the Court held that the government can seize private property from one private citizen and transfer the property to another private citizen for economic development. If a home would generate more tax revenue as a mall, then the government can seize the home.The Fifth Amendment of the United States Constitution states "nor shall private property be taken for public use, without just compensation." This language is supposed to limit the government's power to take private property except for a "public use."
However, for decades, the term "public use" has been effectively deleted from the United States Constitution, and instead replaced by "public purpose" or "public benefit." These terms are judicial creations that drastically broaden when the government can seize private property.
Yet, even with these terms, it was not a given that the Court would allow these economic development takings that were at issue in Kelo. By allowing these takings, the Court has rendered the "public use" limitation virtually meaningless and gutted the Fifth Amendment.
...This bill would be an important step in ensuring that all Americans, not just those in some states, have protection from eminent domain abuse.
First, the bill would prohibit the federal government from engaging in economic development takings. Second, it would deny federal economic development funds for two years to any state or local government that engages in economic development takings.
...The bill wisely puts the burden of proof on the government to show that a taking is not for economic development. By doing so, it makes it far more difficult for the government to seize property using a legitimate public use as a pretext for taking the property for economic development.
One thing I love about this country is the way the different branches of government provide checks and balances on each other. We really do need to correct the Court's error here, and before any more homes or small businesses get seized because somebody powerful and influential wants to build a casino (scummy Donald Trump) or a mall.
Kelo is one of the more arrogant overreaches by the government. It's all the more bitter because the development that caused the suit failed. Everybody lost. Nice move, Supremes.
MarkD at May 15, 2011 8:03 AM
I think it's one of their most shocking missteps in my lifetime.
Amy Alkon at May 15, 2011 8:55 AM
Thanks for the Malkin link. I thought Trump was a clown. Now I see he is a real bastard.
Abersouth at May 15, 2011 9:09 AM
I'm amazed that anybody on the New London city council that voted for that is still alive.
I like the idea of dragging them through the streets, after seizing their property to put in convenience stores.
Radwaste at May 15, 2011 10:28 AM
I just had a thought. Can we elect The Donald, just so we can get him Impeached, Tarred and Feathered, and then get in his face and say "YOUR FIRED!!!" ? It's just a thought.....
Kat at May 15, 2011 11:24 AM
"I think it's one of their most shocking missteps in my lifetime."
Same here. It was a decision that combined the worst characteristics of the Court's liberal and conservative philosophies. I was stunned when I heard about the decision -- I had figured it to be a slam dunk the other way.
Cousin Dave at May 15, 2011 1:21 PM
Point: in Kelo the Supremes did indeed rule that the State's action was legal - but made it quite clear that the Justices felt it should not be and strongly recommended laws be fixed to stoo such abuse. This is finaly starting to happen.
John A at May 15, 2011 1:44 PM
Point: in Kelo the Supremes did indeed rule that the State's action was legal - but made it quite clear that the Justices felt it should not be and strongly recommended laws be fixed to stoo such abuse.
Counterpoint: Horsefeathers.
The sublte erosion form public domain to public use over the years could have been stopped dead in its tracks right there have they felt around for their balls and done the motherfucking job they took a GODDAMN FUCKING OATH to do.
Public use for tax revenue is not what the framers of the constitution had in mind as evidenced by the way the worded the ammendmet.
By the reasoning vomited out in the Kelo decision any peice of property can be taken from anyone at any time and given to anyone else on the merest hop that someday their might be an incremetal increase in the property taxes generated.
Quite frankly I would have loved to have seen the very next seated New Haven city council siese the property of the old cty council and give it to residents ousted for this project, all the new owners would have had to do is show how the PLANNED to increase the value of the property so as to generate more tax income.
Under Kelo, John, I could use my political connections to have you ousted from your home, have it sold to me at pennies on the dollar, and add a swimming pool. It generates a bit more in property taxes, it generates jobs for laborers while the pool is being built, and gaurentees a job to at least one pool tech.
Welcome to the new defintion of eminent domain. If that was the founders intentions from the get go why the fuck would they have even bothered to try and curtail it?
It really is a shame most state legislatures didnt try and use the Kelo decision to fuck with property owned by supreme court justices before they started passing laws to block their piss poor judgement
lujlp at May 15, 2011 2:22 PM
I just wrote my representative asking her to support this bill. If you want to do the same, just contact your rep. (You can even copy my note, if you want!)
This letter is in regard to H.R. 1433.
In recent years I have been increasingly dismayed by the encroachment upon private property rights. The expanding use of eminent domain threatens our rights as Americans to own our own property. The importance of property cannot be judged merely by its projected profit margin. Please support this bill and rein in the bloated use of eminent domain.
Thank you,
Kelly at May 15, 2011 4:04 PM
We actually have a decent system of government, but it isn't used. Kelo was a travesty. A real legislature would have nullified it the next week.
Instead, we get the whores bought by whomever will pay for their next campaign. If you think this is overboard, ask yourself how much emphasis you'd put on legislation to enforce copyrights vs $4 gas and a real unemployment rate not far south of 20%. I guarantee you if Boehner got a digital rectal exam on his net flight home something would change with the TSA. Those clowns work for us, and they need to be reminded of it, continuously.
Kelly's correct, but overly polite. "If you want my help keeping your job, tell our government to keep their hands off my property."
MarkD at May 15, 2011 8:52 PM
Not good. Two wrongs do not make a right.
This is yet more federal government overreach. The federal government has no business intervening here.
Note that Congress even realizes this: this bill cannot make the eminent domain abuse illegal, so instead they blackmail the State by threatening to withhold unrelated federal funds.
The place to correct this is in the State legislature.
a_random_guy at May 15, 2011 11:35 PM
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