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Monday, July 16, 2007
Debra J. Saunders :: Townhall.com Columnist
This State Can Take Your Dreams, Too
by Debra J. Saunders
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John Revelli vividly remembers the day the U.S. Supreme Court issued its infamous Kelo decision that allowed local governments to condemn private property under eminent domain, not only for public uses such as roads and schools, but also to accommodate private developers.

"The Kelo decision," the former owner of Revelli Tires in Oakland noted over the phone, "came out on June 23 of '05, and the deadline that the city put up against us to move out was July 1." The five-to-four ruling spelled curtains for Revelli Tires.

The U.S. Constitution states, "Nor shall private property be taken for public use, without just compensation." The big bench wrongly ruled that "public use" could be whatever states want it to be -- including private developments designed to expand the tax base. The ruling allowed the City of New London, Conn., to seize the land under Susette Kelo's "little pink cottage" and hand it over to a private corporation for a development featuring high-end waterfront homes.

And Oakland went ahead with its plans to seize Revelli Tires and Autohouse -- a business owned and run by first-generation American Tony Fung -- in order to accommodate a private apartment project. Revelli and Fung lost their businesses and their property. "This is my American dream," Fung told me at the time.

Rarely has a Supreme Court decision so enraged voters from both parties. The House promptly passed the Private Property Rights Protection Act of 2005 to deny federal funds to states and local governments that use eminent domain for private development. The bill passed overwhelmingly by a 376 to 38 vote in the House. Then, it went on to the Senate, where it died.

Still outraged two years later, Rep. Maxine Waters, a very liberal Democrat from California, and Rep. James Sensenbrenner, a very conservative Republican from Wisconsin, held a press conference on July 12 announcing a new version of the 2005 bill. "We are here today to pick up the fight and hopefully prevent the observance of a three-year (Kelo) anniversary," Sensenbrenner announced.

Staffers from the Institute for Justice -- which so valiantly argued the Kelo case on behalf of the New London homeowners -- stood in support of the Waters-Sensenbrenner bill.

"The Kelo court said that any private use -- like a hotel or big box store -- that generates the public benefit of tax revenue could be a 'public use,'" Waters noted. Like the Institute for Justice, she sees the unholy alliances that Kelo engenders -- and the likelihood that tax-hungry governments will allow low-income homes to be leveled to make room for pricier projects.

As former Justice Sandra Day O'Connor, who dissented on Kelo, warned: "The specter of condemnation hangs over all property. Nothing is to prevent the state from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall or any farm with a factory."

Another dissenter, Justice Clarence Thomas, wrote, "Though citizens are safe from the government in their homes, the homes themselves are not."

Waters-Sensenbrenner can't help John Revelli. In February, he settled with Oakland, which paid him $615,000. Also, the project for which the city seized Revelli's business received no federal funds, according to City Attorney John Russo's office.

Russo bristles at the notion that Oakland kicked Revelli out of his property. "I believe that the Revelli case, for him, was a case of stubbornness and sentiment," Russo told me, adding that the city paid above appraisal for the property.

Russo is right, Revelli is sentimental. Revelli -- who now calls himself "forcibly retired" -- asked Oakland to put off the seizure. Instead, the city took the land -- then left his property unchanged for many months, during which Revelli could have been in business. His father started Revelli Tires in 1949. Revelli owned the property, with a prime location a block from BART, free and clear.

"I created a situation where I could compete with everyone else in the tire business," he explained, "because I worked by myself. I had no employees. Nobody treats the business like the owner treats the business."

Revelli's retirement plan had been to sell his business and lease the property -- if, that is, he felt the urge to retire. Instead, he has $615,000 -- minus legal fees and a whopping capital-gains tax bill. Even if $615,000 is above appraisal, the deal shortchanged his future.

No government should be able to take your land to give it to a corporation. As Susette Kelo noted Thursday, "Our federal tax dollars shouldn't be used to take away our homes and businesses so that developers can build shopping malls and condominiums."

Citizens have an interest in a system that allows governments to take property -- at a just price -- for public projects. But when states and cities, in search of a richer tax base, can take your land and give it to a private developer -- they have license to trample on everyone's rights. And no one, except the very rich, is safe.

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Another tactic?
What looks like another tactic to kick out seniors has been in the news recently: someone with political connections bought a lot that was zoned residential and had it changed to commercial in order to build a service station/garage. Since the city has septic systems except for small pockets that tap into the city next door's sewers and water it meant that a sewer tap-in would be required because the lot is too small for well and septic (less than 20,000 sq ft). Problem now is that a private contractor is laying the sewer line and neighbors will be forced to tap in at a cost of $17,000 to $21,000. Instead of assessing it over a 20 year period they have been told that it must be paid in a single lump sum, not possible for seniors on fixed income.

Stay tuned.


alopekos and Ragnar
I recall something a gun writer wrote several years ago in which he described a means of protest that does not involve violence, demonstrations or public rants but can be quite effective: non-cooperation -- as in the words of Sgt. Schultz in "Hogan's Heroes" -- "I saw nothing." Most police are good and do their best but a minority of bad apples are the problem. There have been a few incidents here that, if they become too frequent, could result in such an attitude and police can't do their job without public coöperation. The writer didn't recommend this except as a last resort because it is more extreme than it sounds.

A friend, who is son of a late friend, and I talked one evening just before he entered the Police Academy and I advised him to keep his sense of humor and his sense of perspective; he would be seeing the seedy side because police are not called until the situation has already gone to Hades in a handbasket. He seems to be doing well in that regard.

I learned recently that in Taxachusetts there was a change made that should raise eyebrows. Nationally, the only elected LEO is the County Sheriff but Taxachusetts has msde him/her a political appointee. Did Romney oversee that? Perhaps Pirate would know; if so, that is another reason not to vote for Romney.


alopekos teumesios
I agree. The situation is deteriorating and will get worse if Hilary is elected in Nov. and turns the US into a UN run Communist State. I support your decision to go into seclusion. But if the worst happens, all you’ll probably gain is a few extra years. Ive decided to say in The "Peoples Republik" of California. Should I ever have to defend my property, I realize my resistance will be a token one, to no effect. I’ve tried to locate a Free Militia here in Northern CA, without success. So I’m on my own here among a majority of Libs and Socialists.
Good luck to you.

Para-Military Police
dbz77 / Ragnar,

The real reason that the police departments are becoming more like para-military organizations is to do an end run around the Posse Comitatus Act. The tactics of the police and military are merging in the New World Order.

Take a look at some web sites for cops and SWAT guys. Note how they refer to outsiders as civilians (as though police are not a civilian force). They are itching to be deployed and fight the big battles. Those will be against our fellow citizens to wrest away their remaining liberties in the name of the state and public security.

Revolts will be isolated. Most Americans are not willing to fight for neighbors in the next town who are losing their land. A few armed confrontations will end swiftly and brutally. The rebels will be classified as terrorists or zealots and put down to the applause of the electorate.

Good luck gentlemen. You'll need it. My plan is to just keep moving my family to even more remote areas as trouble mounts. I try to keep the bulk of my assets portable.

Now, if only I could score a multi-fuel, 2 1/2 T 6x6 truck, my preparations would be almost done. Trouble is I can't convince my wife that the situation is grim enough to get her to agree to one sitting in the driveway.

dbz77
Re: your comment: {“If an armed revolt can keep the U.S. military at bay in Iraq, imagine what it can do to police departments that enforce these wrongful takings of property”}

This is exactly what I was implying in my posts 16 July; 1:15 PM & 2:23 PM, regarding use of deadly force in defense of property rights. And this is the main reason why people like me own serious military hardware. It’s NOT to protect us from petty street criminals. My Glock .45, which I carry when I leave home, serves this purpose. It’s to protect us from BIG CRIMINALS; AKA -> “GOVERNMENT”. This is the REAL reason for the 2ed Amendment.
In a FREE society, PEOPLE SHOULD NOT FEAR GOVERNMENT. GOVERNMENT SHOULD FEAR THE PEOPLE.

Loyal Democrat writes:...
..."Private Property"is a Misnomer. Unfortunately Loyal Democrat is correct, if you assume the Medieval Feudal definition of property as practiced in England 1066 (WilliamI-the Conqueror) to 1215 (JohnI-MagnaCarta)) to 1685 (CharlesII-executed) and described in Blackstone's 'Introduction' to his "Commentaries on the Laws of England" (1769). Blackstone and our Founders re-defined the relation of government and property, and property truly became privately owned, but the definition was still in flux to those with a Socialist bent. The Founders by allowing Congress to "lay and collect taxes" and defining the types of taxes the Federals could collect as Tariff taxes or those upon trade and consumption, it being assumed that any item traded would be consumed, I.E. they allowed uniform rate taxation of transactions at point of sale: "Duties, Impost, and Excises". Either-Nation to Nation, State to State, Exporter to Wholesaler, Wholesaler to Retailer, Retailer to Consumer, where and when the transactions were uniformly taxed. However, the States, did not find a new way of taxation and continued to tax upon Feudal principles: on land and other property by Ad Valorem, and use periodic re-appraisals as a basis to increase the value of the Tax Base. I think they can easily ride piggy-back on a National consumption-like tax, and meet all their needs both state and local. But until the Federal, state and local governments realize this by the adaptation of the FairTax or a Legal Tender User Fee, they should be prohibited from re-assessing property values or millage rate increases on occupied or unmarketed property on a periodic basis, because the true value of a property is its last sale price, between two consenting parties to a contract, and that the tax should be based upon the market value and the existing millage rate at the time of last sale. Appraisals should be used only by private persons seeking to sale their property for purpose of fixing an asking price. The new sale price would be the new taxable value and a new millage rate may be imposed. This would freeze tax rates on owned unmarketed properties, force government budgetary restraint, and stabilize inflation. Also, if a home is owned singly or jointly (Spouses only) by anyone over 70, it should be exempt from property taxes. At some time in your life, & especially when you are on a fixed income pension, you should OWN your property without fear of confiscation. Soon enough you'll be incapable of handling your own affairs. Besides the 5thAmendt provides that "nor shall private property be taken for public use, without just compensation." previously in the same5th; "nor shall any person be(>)... deprived of life, liberty, or property, without due process of law;" Begs the question, What is due process? I think due process is Trial by Jury, guaranteed in the 6thAmendt for Criminal prosecutions. So, logically, the 5th refers to "deprive of life, liberty, and property" as co-equal propositions making deprivation of property and proving a public use to be a civil cause of action before a Jury of ramdonly chosen citizen peers. So, in order to condemn a persons property by emminent domain the government must show before a Jury that its is a legitimate public use (parks, gov't facility, school, bridge, roads, etc., or Quasi-private utility: power lines, railway, canal, water mains, pipelines, etc. or any other compelling reason: blight, health or safety hazard, or prove beyond doubt that any private use is better than present use) and the Jury should fix the Just Compensation.

Armed Revolt
If an armed revolt can keep the U.S. military at bay in Iraq, imagine what it can do to police departments that enforce these wrongful takings of property.

Evils of ED
It is not widely known just how UNfair ED really is. For one thing, if you are not satisfied with what Big Bro is offering for your home there is legal help available (for a piece of the action) to get a higher amount. However, if you want to keep your property then you are on your own; government has a plethora of ways to run up the expenses until you can't afford to keep it and will be lucky to keep the clothes on your back.

Also, as **Kelo** demonstrated, once the government entity decides to take your property then they claim immediate title to your home and can charge rent for the "privilege" of living there while the case is in court. The city of Akron took two homes and a restaurant to give to a car dealer; the restaurant owner fought it but eventually sold it under duress to the city. Akron's mayor had four houses -- one of them occupied -- torn down without advance notice of any kind; fortunately the owner/occupant was away at the time but she lost all of her personal belongings along with her home. That has been hushed up since the initial report so I don't know the aftermath.

Several state governments passed laws that purport to protect property rights but are little more than smoke and mirrors; it looks as though Ohio's recently signed law will be more of the same. Politicians can argue until blue in the face that they are on the side of the property owner but campaign contributions from well-heeled developers have a way of tipping the scales against "We the People." In another case near here, the city of Wadsworth decided to take a major part of a family farm for a new high school (the present HS is in a campus-like setting that many districts would lie, cheat and steal to get); the family lost in court. Ohio has a "farm preservation" law but, while work hasn't started yet, the farm will be "preserved" as a new high school. Akron's mayor has tried to put a farm inside the city limits out of business in order to take the land for development. One attempt was a raid by police at harvest time, removing vehicles that weren't "street legal" but which never left the property until they were towed away; another was an attempt to assess the farme family for leaf removal which was not needed. Both resulted in a major stink being raised so the city is leaving them alone, at least for now.

Fortunately, Ohio voters back in the 60's were smart enough to vote down the proposal of metropolitan federation of counties "for police and fire protection;" I shudder at what that might have meant in ED cases.

Today's SCOTUS would not have made any difference; both O'Connor and Rehnquist sided with the homeowners.



We're all just tax-cows for milking
Yeah, Ragnar, you got snookered. Usually LD is more subtle & convincing than that, tho. Instead of flatly claiming the gvt OWNs all the property, he/she should've spun some sort of socialist bee ess about how property ownership is to be subordinated to the greater good & etc ad nauseum. LD didn't bring his/her "A game" today ("B+ game," this time).

The fact that we can believe such things indicate that such thinking is out there for real, & yes that's scary.

There's an underlying premise in this whole issue of redistributing property to ostensibly maximize tax revenues AaMoF that is truly scary, & that I don't think anyone has directly addressed. When a government pulls eminent domain for the ostensible purpose of increasing tax revenue from a given piece of peoperty, what does that say but that we citizens are no more important or significant than the taxes we generate & cough up? What does that say but that our worth, and worthiness to occupy space, is measured in taxes paid, & that we're to be shoved aside for one who is allegedly "more valuable" to the government in that regard? What does that say, but that we are the government's cows to milk? What does that say, but that we rightfully exist only for the support of the government?

In all honesty, I suspect that in many such cases the real motivator isn't even tax collections, low & vile as that is, at all. I think in many cases it's simply a matter of politicians abusing government power to do favors for their wealthy & well-connected cronies. It's like the monarchies of ancient & medaival times who would confiscate lands or goods just to award it to a supporter.

If I didn't know better, I'd express surprise that the Democrats, the supposed champions of the masses v. the big soulless corporations, would be so contented and supportive of that situation. I understand, however, that this phenomenon is just another perfectly consistent manifestation of Big Sugar Daddy Pork Barrel Welfare State.

dyerje Re: Loyal Democrat
If Loyal Dem is a satirist, then OK, Ive been had. LOL. Having re-read his post, carefully, it now appears SO OUTRAGEOUS that even someone as far left as Lilly the Lying Looney Lib would not post something like this. But keep in mind that there are people in this country who actually believe in such ideas. And the really scary part about this is: THEY VOTE.

Talent Scout
"Stand with all of us who will fight the powers that be who are taking away rights and abusing their powers."

Every day, and in every possible way, I do.

I am pessimistic about the possible outcome because of the apathy or state of denial of most of the people around me.

Now and again I see a small victory for our side, and that keeps me going. But overall, many more people need to be convinced the problem exists before we'll make meaningful progress.

Not Subject to State Legislatures
dyerje,

We look to the federal government to protect us as citizens of the United States of America from tyranny that an individual state may impose. The core Bill of Rights guarantee a certain baseline of individual liberties that are not subject to interpretation by various jurisdictions. If you allow states to define "public use" perhaps you will allow them to define "unreasonable search and seizures" and "excessive bail" also.

"Ragnar Danneskjold"
You're not the first to be taken in by Loyal Democrat, who is a satirist, and obviously a darn fine one. On his worst day he makes me smile. On the better ones, gurneys and sirens are involved.

Lilly, unfortunately, is not a satirist.

Try Taking Mine
Why would anyone give in to this? So what if the Supreme Court said it was OK? That's why there is the 2nd Amendment, IMHO.

Inkling_revival & "Loyal Democrat"
I didn’t mean to minimize the importance of Property Rights when I made a comparison to life threatening issues, and what motivates people to take action in protecting those rights. I think we agree that Property Rights are FUNDAMENTAL in a free society.
Without them, government is free to deprive us of all other rights, including our lives. This is the very reason I would defend Property Rights with deadly force: NOT for the preservation of property in itself, but in defense of basic liberties: the right to own property being just one of them. I see the denial of property rights by eminent domain as a sign of insidious “Incrementalism”. It’s the old story of the camel’s nose in the tent. Allow this and soon you’ll be homeless. Ignore eminent domain abuse and we will soon be slaves of the State. If you doubt this, read the post by “Loyal Democrat”. Loyal COMMUNIST is accurate. This idiot claims we don’t own our property. Since it’s taxed, government has an interest in it and therefore we’re only “lease holders”. This idiot is a classic example of the threats faced by what’s becoming only a marginally “Free Society”. I also pay income taxes on my labor, not that this is right either. So does the government therefore own my body as well? I think NOT! But this I can guarantee Commie A**holes like “Loyal Dem”: Should one of his fellow travelers ever come to my home and claim to own either it or my person, they will be looking at the business end of my AK47. Don’t like my attitude “Loyal (COMMUNIST) Dem? What part of “F**K OFF” DO YOU NOT UNDERSTAND!?

As to eminent domain abuse effecting more than hundreds; you’re probably right. But even if it affects just 1, that’s ONE TOO MANY. Again; you can’t let the camel get his nose in the tent, or you’ll have communists like “Loyal Dem” enslaving the rest of us. .

P.S. Congratulations “Loyal Dem”. You’ve just supplanted “Lilly the Lying Looney Lib” as the most OUTRAGEOUS A**HOLE Ive even encountered on TH.
Once again: F**K YOU VERY MUCH for your mind boggling stupid post.

NEVER FORGET - EVER !
WITHOUT PROPERTY RIGHTS
THERE ARE NO HUMAN RIGHTS.

Now, think about and cogitate about the post, above, by "Loyal Democrat."

Is there an implication that The State owns YOUR property?

That sounds rather like the USSR.

where are all the liberal posters
on this topic? Too ashamed or have nothing to say as this was a decision made by the 5 liberal Supreme Court justices. That fact somehow never makes the evening news. And libs say it's Republicans who have the ties to rich corporations?

dyerje
Again, good logic. You make a much better argument for the court's decision in this case than any of the liberals I've discussed it with (they all have this desire to raise tax revenue and assert governmental authority over property at the heart of their arguments).

I do not dispute your logic; that individual state legislatures should decide what "public use" is, not SCOTUS deciding it for every one in every state. (I might dispute whether that's what other parts of the Constitution say, but your logic on it is correct).

I merely point out that I don't think any of the nine judges had that legal concept in mind while rendering the opinions in Kelo.

wiseone
"The decision in Kelo resembled a partisan roll call vote in the Senate more than an interpretation of the Constitution by unbiased, non-activist jurists intent on narrowly limiting the authority of the federal government."

Exactly. Substitute key politicized decisions of the last 60 years for "Kelo" in that sentence, and you could say the same thing.

My argument is that whether we approve the implications of a decision or abhor them, the Supreme Court is not the place to decide if "public use" means only building freeway on-ramps, any more than it is the place to decide if there is a right to privacy in the 14th amendment that precludes state laws restricting abortion.

Notably, the majority opinion in Kelo observed precisely what I refer to here: that a SCOTUS decision on Kelo had no power to prevent state legislatures from defining "public use" so that a Kelo-type taking was no longer possible. The opinion commented directly on this, in pretty much these words. So it is in fact true that it was a consideration in the majority opinion.

Certainly it seems awful darn particular that judicial restraint applies, for the court's usual "liberal" suspects, only to a decision on property law. But that doesn't mean it wasn't a narrowly and correctly argued decision. What it means is that numerous other decisions (with the same justices' names on them) have NOT been.

We the people get to have an opinion on what constitutes judicial activism, even when it has been consolidated as precedent in the system, to the extent that even originalists like Scalia and Thomas are ready to exercise it. It's still inappropriate. I shouldn't have to care what Justice Thomas' political opinion on eminent domain and property is, or Kennedy's, Ginsburg's, or Alito's.

If conservatives don't want the judiciary making political decisions about what the Constitution "means," we need to be careful not to demand that it do so. Defining "public use" in today's world IS a political decision, one with constituencies, invidious advocacy, winners and losers. We shouldn't leave it to the judges, any more than we should allow the courts to define the relation of equal protection to privacy, and privacy to abortion.

I for one am relieved that SCOTUS set no binding precedent it had no business setting, regarding the definition of "public use." Such precedents become impossible to overcome, and good ones cannot justify or excuse the judicial abuse that also produces bad ones. The courts do this stuff too damn often, and it's got to stop. Let's get busy and define "public use" the right way: through our legislatures.

dyerje
You make a logical argument in favor of narrow interpretation of the Constitution being the motive behind the decision Kelo, but the roll call of the majority and concurring opinions vs. dissenters in SCOTUS indicates this could not possibly be the case.

The majority included Kennedy, Souter, Breyer, Stevens, and Ginsburg; all liberal, activist, "living breathing" constitutionists.

The dissent included all three reliable constructionists, Scalia, Rehnquist, and Thomas, and even included O'Connor, who isn't exactly a conservative.

The decision in Kelo resembled a partisan roll call vote in the Senate more than an interpretation of the Constitution by unbiased, non-activist jurists intent on narrowly limiting the authority of the federal government.

"Private Property" is a misnomer.
The flawed premise of the arguments utilized by the critics of widespread eminent domain usage is that land can be privately owned outside of the limitations set forth in the titles provided by government entities. The government has an interest in all land, as evidenced by the fact that property taxes are continuously levied. In essence, the so-called "owners" of the property are actually leasing the land from the government, and the property taxes serve as the rent. Since the government has ownership interests in all land and property, it is certainly within its power to dictate just who gets to utilize the space and how much they pay for that privilege.

Thus, while some might argue that it is improper for government to seize land from one party and give it to another in order to obtain a higher tax base, the reality is that such complainers should be thankful that any justification for the seizure is offered at all. Since government owns the land, there is really no reason as to why government agencies should be prevented from randomly taking any property that they might desire, and provide its use to an occupant that best serves the particular agency. By exercising that justifiable right, any government agency could use valuable land to persuade individuals or corporations to conduct themselves in a manner that pleases the government. By pleasing the government, the individual or corporation is in essence pleasing society, thus adding even more justification for the seizure.

The think that kills me
about eminent domain and the stealing of private property on the part of the gov't, is that the politicians say with a straight face that it is so the community can reap the benefits of the increased tax dollars. This is laughable....if this were the case, shouldn't property taxes for other residents go down? Shouldn't everyone in New London, CT get a rebate check from the local govt?

Ahhhh, NO! Mill rates continue to increase while assessed values continue to climb at alarming rates in some parts of the country (which is a double tax in and of itself, which makes no sense). But yet they need to steal someone else's land for more money? It's almost as laughable as the politicians saying that the red light cameras are for "safety." Safety? It's a money grab for crying out loud. But it's not enough, so let's implement a little old 1% sales tax for education and parks even though we just jacked your mill rate and raised your assessed value....And the band plays on!

Wayne S
I agree 100% that my solution is not really a solution.

What I was trying to do was separate the public use from the ownership of the land.

My reasoning is that if the government's thrust is to raise taxes and they are determined to use ED to have property redeveloped, then one way would be to have the existing owners enter into a long-term land lease with the developers.

This would keep the land in the hands of the owners and their heirs while allowing development. The government *should* be indifferent who owns the land under the project as long as the taxes base expands. At the end of the lease, the land would revert to the owners or their heirs.

Unless, as I would bet, there are some ties, actual or potential, between the government officials and the developers.

After all, there is nothing that says that ownership must change hands, merely that the land must be developed for higher taxes or something like that.

Barry

SCOTUS is NOT
.. nor should it be the recourse against misuse of eminent domain.

It was actually a non-activist, originalist approach to the Supreme Court's role, for the court to decline to read non-explicit definitions into the Constitution's provision for eminent domain. That's all the court did: decline to usurp the legislature's role of defining what properly constitutes "public use."

Would that SCOTUS might take that careful, narrow approach to ANYTHING -- abortion, prayer in schools -- and the related "penumbras" hovering over the Bill of Rights.

I am not at all appalled by the Kelo decision. I AM appalled by cities and counties that abuse eminent domain, and STATEHOUSES that won't do anything about it.

When California had a ballot initiative last year that purportedly was designed to curb the abuse of eminent domain, investigation into the consequences of a similar ballot initiative in Oregon revealed that it resulted most prominently in a flood of lawsuits against both public and private entities -- individuals and companies -- under the initiative's provisions for the redress of "takings." In these cases, property owners were lawsuit-mad over constructive losses of property value due to the actions of others, both government and private.

Yet this ballot initiative, which happily was defeated, is the ONLY statewide measure that has had a realistic chance of an up/down vote by either the citizens or the assembly in California, since the galvanizing event of the Kelo decision.

Tell your state representatives to get off their duffs. It's not some terrible, desperate thing that we'll have to turn to the state legislatures to fix this problem -- it's the way the system is SUPPOSED TO WORK.

Statehouses can start with a simple prohibition: no entity exercising eminent domain may raise taxes on any land taken through it for 30 years after the date of the taking.

John Boy
The John Russos of the world scare the living daylights out of me. Mr. Russo, as city attorney, knows darn well that the issue isn't the value the property owner was given. The issue is that HIS government forcibly took one person's property to give to another person solely on the basis of who could generate more tax revenue. From abortion to eminent domain, we've become a nation that preys on our weakest for the benefit of our strongest. In the end, that will be our undoing, and it will be the Mr. Russo's of the world who need to have it explained to them, not us.

Lilly... BDS on parade
Lilly gives us a marvelous illustration that Bush Derangement Syndrome is still raging in the hearts of true Democrats everywhere.

"In many television discussions of eminent domain, which generally is opposed by the political Right, I do not recall ever hearing any mention of Bush's use of eminent domain in Texas. And, this interesting note---a journalist writing about this on an Internet site discovered in 2004 that a LexisNexis search going back two years found not a single hit on Bush's use of eminent domain for personal enrichment."

This is RICH.

1) Bush was, at the highest point of his involvement, 1.8% owner owner of the Rangers.
2) Bush was not a member of any government at the time, therefore had no power of eminent domain.
3) The eminent domain exercised belonged to the Arlington Sports Facilities Development Authority (ASFDA), which was created by an act of the legislature -- of which George W. Bush was not a member.
4) The author searching Lexis/Nexis for references searched 2002 - 2004. The events to which Lilly refers occurred in 1991.

So, the Texas Rangers benefited from land acquired by eminent domain more than 15 years ago, by virtue of an act of the Texas Legislature, and GWB was a tiny minority owner at the time.

Anybody seriously wondering why this was not a news story in 2002?

WayneS
You’re correct. Refusal to obey a court order, regardless of its’ legality, could put Both ones property and Life at risk. And it most definitely would if one is inclined, as I am; to resist with deadly force. Perhaps it will take a few Violent reactions to induce the Federal Govt. to change Eminent Domain laws

Ragnar Danneskjold
Ragnar proved he does not understand the first principles of individual liberty, when he wrote, "What we have here are only Property Rights issues, involving at most, just a few hundred people."

Free property rights are the very heart and soul of individual liberty. If property is not free, nothing is free. And because property is not safe from confiscation, NOBODY is safe. The fact that a few hundred people (more like a few thousand) will actually be displaced by local governments on behalf of their developer buddies does not address the wider fear that all property owners face, nor the depressed market prices for property that affect all owners.

ex-canuck, lolo, etc.
Here it is from Wikipedia in the original German and three translations:

Martin Niemöller (1892—1984), Protestant pastor and social activist

Als die Nazis die Kommunisten holten,
habe ich geschwiegen;
ich war ja kein Kommunist.

Als sie die Sozialdemokraten einsperrten,
habe ich geschwiegen;
ich war ja kein Sozialdemokrat.

Als sie die Gewerkschafter holten,
habe ich nicht protestiert;
ich war ja kein Gewerkschafter.

Als sie mich holten,
gab es keinen mehr, der protestierte.

Translation: When the Nazis arrested the Communists,
I said nothing; after all, I was not a Communist.
When they locked up the Social Democrats,
I said nothing; after all, I was not a Social Democrat.
When they arrested the trade unionists,
I said nothing; after all, I was not a trade unionist.
When they arrested me, there was no longer anyone who could protest.
Translation: First the Nazis came…
First they came for the communists, and I did not speak out—
because I was not a communist;
Then they came for the socialists, and I did not speak out—
because I was not a socialist;
Then they came for the trade unionists, and I did not speak out—
because I was not a trade unionist;
Then they came for the Jews, and I did not speak out—
because I was not a Jew;
Then they came for me—
and there was no one left to speak out for me.

The origins of the poem first began with a speech given by Niemöller on

January 6, 1946, to the representatives of the Confessing Church in

Frankfurt.[1] According to researcher Harold Marcuse, the original

groups mentioned in the speech were Communists, the incurably sick,

Jews, and people in occupied countries.[2] Since then, the contents

have been altered to fit the political climates and social moods of the

people at the time. Niemöller himself came up with different versions,

depending on the year. The most famous and well known alterations are

perhaps those beginning "First they came for the Jews" of which this is

one of the more commonly encountered:
First they came for the Jews
and I did not speak out
because I was not a Jew.
Then they came for the Communists
and I did not speak out
because I was not a Communist.
Then they came for the trade unionists
and I did not speak out
because I was not a trade unionist.
Then they came for me
and there was no one left
to speak out for me.

Another variant extends the comparisons to incude Catholics and

Protestants:
In Germany they first came for the Communists,
and I didn't speak up because I wasn't a Communist.
Then they came for the Jews,
and I didn't speak up because I wasn't a Jew.
Then they came for the trade unionists,
and I didn't speak up because I wasn't a trade unionist.
Then they came for the Catholics,
and I didn't speak up because I was a Protestant.
Then they came for me -
and by that time no one was left to speak up.


Ragnar Danneskjold
You say "only" property was at stake in the recent imminent domain cases. True enough, I suppose, but what do you think would happen to someone who simply refused to abide by the SCOTUS's illegal decision? What if they quite peacefully continued to occupy their own land, didn't cash the "compensation" check and refused to vacate THEIR property.

My guess is their LIVES would be at stake in pretty short order.

The right way
In order to justify Connecticut's taking of the home an 87-year old woman was born in so they could build a hotel, the majority opinon in 'Kelo' stated that the traditional meaning of "public use", which did NOT include revenue considerations, had been "eroded" over time.

The judge who wrote this opinion gave no examples of this alleged erosion, nor did he even bother to justify "erod[ing]" this traditional meaning. Instead, this alleged erosion was simply declared to have occured.

This is what you get when you have Supreme Court judges treat the Constitution as a "living, breathing" document. They can rewrite any law, any time they want, merely by declaring that the meaning of two words has "eroded" without even providing examples.

How long will it be before the Supreme Court decides that the meaning of "homeowner" has been "eroded" to where it doesn't mean anything different than "squatter"?

CharlieS writes:

"The only way
that we are going to stop things like this from happening again is for the people to rise up and raise holyhell with legislators, both state and federal that didn't or don't support the Waters-Sensenbrenner bill."

There is another way. Appoint and CONFIRM originalist judges to the courts. Bush did his part. He appointed conservative judges. But a bunch of weenie RINOs in the Senate backed down when it came time to confirm them (thank you John McCain and Lindsay Graham).

In addition to bombarding these weenies on the Sensenbrenner bill, we need to defeat RINOs in the primaries and put conservatives in both the Senate and the House.


Cliff
You bring up an interesting analogy regarding unjust laws such as “Eminent Domain”, and the abuses of tyrannical government; citing examples of people who used violent force to resist these abuses, and the consequences for those who didn’t. But, keep in mind; these examples refer to millions of people whose Lives, as well property, were at stake. What we have here are only Property Rights issues, involving at most, just a few hundred people. The true purpose of the 2ed Amendment is as an ultimate, last stand means to resist outrageous Government abuse. I support this, and back my support by keeping some serious military type, and highly “illegal” fire power, should the need ever arise. But Im a relatively unique case. I’ve now lived the best part of my life and am therefore willing to put my butt on the line in defense of principles. Of the several hundred people effected by Eminent Domain seizures, few are in my situation, and fewer still are as far right politically as I am. Therefore I believe few would be inclined to violent resistance. Would such resistance by my miniscule minority be effective? Other than as an ultimate and Final political statement; it would not. So, while I admire your sentiments, and encourage others to violent resistance, should the need ever arise, I believe your analogy is flawed.

To Bman
If you google the topic and read---use a selection of websites to get many points of view---you will see that this was not a case of the government taking the land and selling and reselling until it reached a private entity.

In all of your arguments you do the same thing: 1) absolutely fail to acknowledge that Bush could do anything wrong and 2) counter by naming somebody else who did something wrong as if this somehow undoes the first offense. This is the logic used by children. If the parent says "You are grounded because you stole money from my purse" the kid responds, "Well, Susie sassed you last week".

And whether or not the hot dogs are tasty at the Rangers stadium is irrelevant. Why do you mention this? Are you saying, "We don't care whether eminent domain was used to seize the land, that's okay with us as long as we get our hot dogs?". Because of that's your logic, others who profit from eminent domain can fairly say "We don't care if somebody's home was seized to make room for a shopping mall---we love to shop at GAP".

It is the Republicans who put Bush in office. It is the Republicans who, until very recently, have praised and championed Bush as the savior of the land. It is the Republicans who speak out against eminent domain. Bush profited from eminent domain in Texas. Therefore there is a connection, and it is one that shows hypocrisy.

barry
The main problem with your "third" solution (long term lease, etc.), is that the Kelos (and others in their neighborhood) wanted to keep their land and use it themselves. They did not WANT developers to tear down their homes and/or businesses and build something else.

Compelling someone to LEASE their land to someone else is pretty much the same thing as compelling them to SELL it to someone else. In both instances, the property OWNER is prevented from using their own property as THEY see fit.

lolo
Sorry folks, that should read quotation marks, not exclamation points. Wouldn't want to give impression of illiteracy, that's roberto's metier.

OldTimer - RE: Your Post of 7:54
Your post is spot on!

I carry a copy of the Constitution and a copy of the Declaration of Independence with me virtually everywhere I go. The Constitution is a beautifully written document in which you can clearly see the intent to LIMIT the POWER of government. I read it regularly to remind myself of what a grand experiment in individual freedom and self determination my country has been.

Unfortunately, of late I find myself referring more and more to a document which preceded the Constitution by more than a decade: the Declaration of Independence. I read this to remind myself that the current United States government is perpetrating against us more and more of the same abuses of power for which our founding fathers called King George III to task on July 4, 1776.

It's a crying shame.

lolo
I'm pretty sure I botched the actual quote, hence no exclamation points. BUT if one of you INTELLIGENT people out there remembers the original, and hopefully its' author , PLEASE share them with us.

lilly
You suffer from Bush Derangement Syndrome, please get help. the reason the lexus-nexis search yielded no results because it didn't happen.

ex-canuck
You posted one of my favorite quotes! It's so true isn't it?

CharlieS writes:
CharlieS writes: Monday, July, 16, 2007 3:43 AM

I can't find anything about what happened to iot in the senate so if someone can, please post it so that we can all see what happened and take action against those who helped kill it.
BEFORE the government comes after our homes.
**************************************************
Here is what I have found so far;

"Neither bill became law. Following passage in the House, both bills (HR 4128 and HR 4772)were sent to the Senate and referred to the Senate Judiciary Committee, which is where they remained until early December 2006 when the 109th Congress adjourned. The Senate also failed to act on similar bills introduced by Senator John Ensign (R–NV) and by Senator John Cornyn (R–TX). The Bush Administration has not viewed the issue as one of its higher prior­ities, although it did issue a statement supporting H.R. 4128"

So it looks as if the bill died in the 109th Congress Senate Judiciary Committee. They were;

109th Congress (2005-2006)
Members of the
Senate Committee on the Judiciary,
109th Congress
Democrats:
Patrick Leahy (Vt.), Ranking Member
Ted Kennedy (Mass.)
Joe Biden (Del.)
Herb Kohl (Wis.)
Dianne Feinstein (Calif.)
Russ Feingold (Wis.)
Chuck Schumer (N.Y.)
Richard Durbin (Ill.)
Republicans:
Arlen Specter (Pa.), Chairman
Orrin Hatch (Utah)
Charles Grassley (Iowa)
Jon Kyl (Ariz.)
Mike DeWine (Ohio)
Jeff Sessions (Ala.)
Lindsey Graham (S.C.)
John Cornyn (Texas)
Sam Brownback (Kan.)
Tom Coburn (Okla.)


The paragraph about what happend to the bill came from;
http://www.heritage.org/Research/SmartGrowth/bg2002.cfm

The list of who was in the committee came from;
http://www.sourcewatch.org/index.php?title=Senate_Judiciary_Committee#Past_committee_membership

NOTE:

HR 4772 if passed would have allowed property rights cases to be filed in federal court rather than in state courts as is customary today. This bill was introduced by Rep­resentative Steve Chabot (R–OH) and was titled Private Property Rights Implementation Act. (This info is also from the article in the first link)

maxine waters
Well well well, finally ms."no justice, no peace" waters has actually put her name on a positive bill. About time she did something to justify all the oxygen she has consumed (wasted) for lo these 50 years. BTW, is a municipal government (I believe it may be Santa Monica) telling property owners they are forbidden to smoke tobacco in their own homes considered a seizure of private property ? Or telling a bar owner he can't allow smoking on HIS lawfully owned premises ? We do not lose our freedoms in one big bang, they are taken from us incrementally, one small step at a time. I didn't complain when they came for the jews, as I am not jewish. I didn't stand up when they came for the intellectuals, as I am uneducated. I didn't fight when they came for the bourgoisie, as I am working class. And when they came for me, I was shocked that there was nobody left to stand and fight for me.

Ah Lily
The subject is not about your politics.


Lily writes:
lilly writes: Monday, July, 16, 2007 11:04 AM
Bush Used Eminent Domain
-------

Much bigger subject than one person, President or not.

Democrat, or Republican.

Liberal or Conservative.

Communist or American.

The Subject is the BILL of RIGHTS.

Which is there to protect all of us, democrat and republican.

GW BUSH is unimportant to any of our rights, except to stop him from taking them away.
And all the others

Impeaching a few judges is the only way
to end the judicial tyranny we now face in this country, as highlighted by the Kelo decision. WayneS had it exactly right. They violated their oath to uphold the Constitution by rewriting it.

They also should have pursued taking Souter's home, and all of the other "guilty" jugde's homes as well. Congress exempts themselves from the law, SCOTUS assumes they're exempt from the effects of their decisions -- they should be shown that they're not.

For example, they ruled that a woman could be arrested and taken into custody simply for not wearing a seat belt -- even tho she had a child/children in the car. Someone should arrest one of the SC judges for something very minor and let them experience what they prescribe for others.

This is too funny ....
Prager writes God is ... the athesists say he isn't ... and there are hundreds of comments. Petty bickering that will not affect my faith one iota. This issue, which has real substance and if not confronted is another step toward the new world order and it gets 25 paltry responces.

Pretty much always the same
1/3 pro establishment ...
1/3 puts their finger in the air to check the prevailing wind and will flip the patriots in a heartbeat.
1/3 who will stand when threatened.

Bush Used Eminent Domain
Google "bush texas eminent domain" for some interesting reading. In the early 1990's George W Bush owned a share in the Texas Rangers baseball team for which he had paid $606,302 in 1989; he was one of two managing partners. The Rangers intended building a new sports stadium but the land they wanted to use was in private hands. The matter was handled for them by the Arlington Sports Facilities Development Authority, which offered the owners of the land (the Mathews family) $1.5 million. The Mathews family refused to sell. So the ASFDA seized the land using eminent domain. This was the first time in Texas history that eminent domain was used to seize land not for government use but for private, profit-making use. The Rangers stadium was then built on the land (greatly at taxpayer expense) and in 1998 Bush sold his Rangers share for $14.9 million, making a profit of nearly $14 million.

In many television discussions of eminent domain, which generally is opposed by the political Right, I do not recall ever hearing any mention of Bush's use of eminent domain in Texas. And, this interesting note---a journalist writing about this on an Internet site discovered in 2004 that a LexisNexis search going back two years found not a single hit on Bush's use of eminent domain for personal enrichment. This sounds as if material may have been purged from the system, and is reminiscent of Bush's military service records disappearing and of there being no existing police records of Laura Bush, as a young woman, having run a man over with her car and killed him.

Kelo
Ms. Saunders,

Thank you for helping to keep the Kelo decision in the minds of readers. It truly rates as one of the great travesties of justice in this country's history.

You mentioned "the Institute for Justice -- which so valiantly argued the Kelo case". I certainly concur that their effort was valient; unfortunately, however, it was not equally as capable.

Justices Scalia and Thomas, in particular, gave the plaintiffs' attornies ample opportunity to argue the "public use" versus "public purpose" versus "public benefit" aspects of the case, but the best line they could come up with -- repeatedly -- was 'there's gotta be a limit'. I think they would have been more successful arguing that "public end-use" is the Constitutional intent, and that no derivative "public purpose" or "public benefit", or combination thereof can stand as justification for a 'taking'.

Yes, it's difficult to argue that the Court is, and has been, off course on this subject for decades, but I think they had enough of a learned audience to attempt to articulate just that.

One right
That is explicit to the Founding of this Nation is the Right to Petition Government for the Redress of Grievences.


This very subject is before the Courts right now today simply because the US Justice Department and the IRS feel they are NOT subject to being questioned, even in a Court of Law.

--------

The Lawsuit to Restore Constitutional Order

In July 2004 almost 2000 Americans filed a landmark lawsuit against the U.S. Government seeking to have the federal Judiciary declare
-- for the first time in history -- the constitutional meaning of the First Amendment Petition clause including the Right of the People to enforce the Right of Petition if Redress is denied. The new WTP
Right-To-Petition DVD

Watch the FREE 3-minute preview:
Dial-up DSL/Cable





We The People believes the Right to Petition
is, in fact, the "capstone" Right of the Bill of Rights and that its effect is the direct exercise of Popular Sovereignty -- the First Great Right of the Founding documents that declares government is the servant of Men.

http://www.givemeliberty.org/RTPLawsuit/InfoCenter.htm
-----

If we had a FREE Press in America today, this would be a leading storey all across the Nation.

Fact is we do not have a FREE Press (except the internet and talk radio) as all the Media is Corporately owned.

Run by "Madison Avenue" salesmen and women.
Who use the press to sell their own ideology




Stan
You said:


"They" are attacking us (The People) on so many different fronts, that I fear the battle against tyrannical government is already lost, lacking only some major declaration that we have morphed from citizens into subjects."

---------

I hope you will reconsider your attitude and make an adjustment by considering the spirit of the Founders.

They not only faced powers of set policies by the King of England, they had to overcome an Occupation Army and Navy.

Which was here to impose the will of King Goerge the III on individual citizens.

If the Founders had taken the attitude you present, no America would have ever came to exist.

Stand with all of us who will fight the powers that be who are taking away rights and abusing their powers.

Hanging question
That is relentless to my mind, every time I come across some decision made by the Supreme Court (Kelo)that destroys rights of individuals, I hear it in loudly in my thoughts.

Was the Supreme Court given the right of Kings?
Once a majority of 5 people agree on any question of law, they can issue a Kingly Decree and make the Law anything they want it to be?

I cannot accept the Supreme Court has this sort of powers, and when they overstep the limitations of the Law and Constitution themselves by taking away rights, they are no different than the Jim Crow Laws of the Old South.


Look at this story in the news this morning.
wnd.com

Elderly couple could lose home over $1.63 tax


Barry
I would add to your list the matter of where candidates stand on the issue of "mental illness," specifically the process of depriving a person of most of his civil rights by virtue of a declaration of "mental defect" or "mental incompetence."

This issue is somewhat under discussion, now that the so-called NICS Improvement Act is being considered, and in the wake of the VA Tech murders. But a bit of research into the laws of any state regarding involuntary committment reveals that most governments possess absolute power in that realm, due to the ambiguity of the law as it is currently written.

"They" are attacking us (The People) on so many different fronts, that I fear the battle against tyrannical government is already lost, lacking only some major declaration that we have morphed from citizens into subjects.

Wayne and Barry
Wayne, I think you're onto something. What keeps becoming more and more clear that in order to have a government "for the people, by the people", the people have to be directly involved. Far too long have we allowed this group of elites to have their way with our laws. I agree with all those who advocate keeping close tabs on your elected officials, and I think Barry has a good start on criteria for even being considered for election.

Definitions...
USE - to employ for some PURPOSE.

BENEFIT - something that aids or promotes WELL-BEING.

So, a park, road, school, water tretament plant, etc. could be construed to be a public USE.

Gnerating more tax revenues, however, is nothing more than (possibly) a public BENEFIT.

These are NOT the same thing. And our beloved Conmstitution's 5th Amendment quite clearly says public USE, NOT public benefit.

Every member of the Supreme Court who sided with the city of Hartford in this travesty should be removed from the bench for exhibiting profound illiteracy (and, therefore, gross incompetence).

Eminent Domain and Asset Forfeiture
are reprehensible abuses of government power and must be stopped and reversed.

Either we reverse these two government abuses or we risk becoming just another banana-republic, a Kleptocracy, one where the government can do anything it wants to its citizens.

However, I'm surprised that the people involved didn't propose a third solution: long-term land lease with a net-after-tax escalation clause. Had Mr. Ravelli and the Kelos proposed this solution, it would have removed the government from the equation. It would also have protected them somewhat from the effects of that other government cancer, inflation. The valuation of the property would have been quite a bit more as part of a project, perhaps the linch-pin, than as a home or business, which could have yielded enough income to make the process at least palatable.

The evils and potential for abuse in asset foreiture are well-documented and similar to those in eminent domain.

The real answer is to do away with these twin abuses of government power, whether by direct challenge at the state level or by federal legislation.

As others have posted, maybe the way to attack these abuses is with the same machinery we used against the immigration "reform" legislation. ED and AF represent long-term dangers to the nation that are fully as great as those of illegal immigration.

Where do the candidates stand on four issues:

Eminent Domain
Asset Foreiture
Illegal Immigration
The Federal Reserve

Barry

Our new Supreme Court
If only another case like this would come before the Supreme Court now, I have no doubt that Kelo would be overturned. Our present Supreme Court (the majority anyway) understands what our Constitution is for. I also think our current conservative justices aren't afraid to call bad law exactly what it is and overturn some of the more recent atrocities.

c'est la vie
There's proof once more that the government really isn't your friend.

Hold Government Responsible
If government officials feared they would lose their job if they took someone's property, it would not happen. The people in the communities where this property was taken need to vote the bums out. Everyone needs to write and call their federal state and local officials and let them know how they feel on every subject that that government body will address. WE are being ruled by tyrants because we have too many people who are too lazy to take care of themselves and want a nanny to care for them. The U.S. is doomed because the nanny staters run the schools and the media.

InsightingTruth
On this we agree! You cannot truly own your property if you have to pay a yearly fee to the government to keep it; that system sounds just like renting from someone else. Get behind on your property taxes and see how quickly the G will move to take the property you "own" and sell it to someone else that can presumably make their "rent" on time!

Maybe this Congress, populated by the Democrats that so love the "little guys", will pass this bill and send it to the President for signing. But for some reason, I don't think you'll see much movement on it---there just isn't enough media buzz or potential political benefit for the Democrats to move on it right now.

InsightingTruth ....
Yup!

Read a Jewish guy ....
who lost his entire family in Aushwitz ......
while he was greatly grieved, he wrote that he did not feel sorry for them. He said that had they adopted a plolicy of taking a few SS with them as they were taken, that policy would have been reconsidered.

His proof was the uprising of the Warsaw ghetto. The Germans weren't too quick on fighting with people who had everything to gain and nothing to lose but their very existence.

Six hundred pound grizzilies give wide berth to sixty pound wolverines. Law of the jungle, no predator can afford to be chewed up, even as a winner.

Would Elian Gonzalez have been kidnappped by the Clinton tyranny had the Miami Americans stood opposed to the second American democrat betrayal?

Same with your property ... polititians have less character than child molestors, (if Nambla gained electoral control of some nature, rest assured that polititians would give them legal countenance), they will steal from you and most cops today are political appointees. The idea of a sacred calling for the police has disappeared along with God.


From the movie 1776
Once more it applies

John Adams: I have come to the conclusion that one useless man is called a disgrace; that two are called a law firm, and that three or more become a Congress!

We are Congress' "Oversight Committee"

and we made out voices heard with the Shamnesty Bill. We can do it again!

"Numbers USA Credited for Immigration Bill Defeat"

http://www.newsmax.com/archives/ic/2007/7/15/140316.shtml?s=ic
"Last month's defeat of a comprehensive immigration bill can be largely attributed to a group called Numbers USA, The New York Times says."

NumbersUSA provided us all with phone numbers, emaill addresses, and petitions to sign.

Let's don't give up now!


It's not your land!
Americans don't own their land; they rent it from the government. Land ownership ended with the first mandatory property tax.

Just another example
of the politicians (federal,state or local) thinking they can live our lives better than we can!

This guy gets $615k, but as Saunders points out this is before the gov't gets their cut once again. And why do I believe that the gov't sold that same piece of dirt for more than $615k? Then they get the tax benefits from that? Everyone makes out on this deal except the guy that busted his behind his entire life to operate his business free and clear (except for his taxes of course).

Politicians just can't help themselves.....

The Kelo Decision and the Courts
The intent of the Constitution and Bill of Rights was perfectly clear -- to protect the Citizens of the United States from outsiders AND from government. The legislation for the Bill of Rights stated that the purpose for such additions to Constitution was necessary in order to PREVENT any government power being misconstrued or abused. The power of the Federal government was LIMITED.

The Supreme Court essentially ruled in 1804 (Marbury v. Madison) that the only portion of the Constitution that affected the Supreme Court was the GRANTING of lifetime power, but not the fundamental limitations. Congress could have clarified and changed that, but didn't. Congress STILL can, but hasn't.

'The People' rose up against the Senate and even the President over the recent sham called an Immigration Control bill and prevailed -- at least temporarily. If 'the People' had been as vocal to their Senators about the sanctity of private property rights, and limitations of 'eminent domain', this subject would not come up for discussion today.

Only when 'the People' get around to reading the Declaration of Independence and the other "Founding Documents", including the Constitution and Bill of Rights will they come to realize just how near our own government has come to the very things the Founders feared and called "Tyranny". Maybe then they will realize that government 'benefits' are NOT FREE and that most of those 'benefits' were beneficial to politicians' quest for power.


So, what do we have
if cities and states can do this? We have, in essence lost the right to own property. The definitive word here being "own". When so many entities of government have wittingly or otherwise conspired to deprive us of any right is that government any more of, by, and for the people? Is redress any other thing other than the plea of the servant to the king to be kinder? It is not!
Get that embedded in your collectively fantasizing heads. You no longer have representative government except in the cases where the government either thinks it is in its own interest to act so or where it has no particular interest in acting otherwise.
You are governed by tyrannts.

Point of agreement
The power of eminent domain has been misused by some entities for sure, and legislation needs to be passed to limit the excesses of the court in this case.
( Even Hannity AND Colmes agree on this one )

If it isn't hard enough to run a busines
If it isn't hard enough to run a business nowadays its stuff like this that make it impossible. If someone doesn't want to move, because their business cannot survive a move, they shouldn't be forced to. Government folks just don't get what it takes to keep a business going. Some business still exist today only because of something like the real estate being paid off years ago. They cannot be started from scratch because of today's costs. $615,000 sounds like a lot of money, but its not close to what it would cost to recreate what this guy once had. This guy paid taxes on this business for years and got nothing. And they wonder why new business don't get started out of some parts of the country anymore!

The Power of Eminent Domain
The fight against the expansion of the power eminent domain to permit governments to increase their tax revenues by taking land from one private owner and selling it to another goes back at least 40 years. My friend, the late Elizabeth C. Smith, led an unsuccessful battle in Maryland. I have described this fight on pages 31 - 37 of my book, To Save Her Dream: A Mission of Duty, Friendship, and Justie.
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