Townhall.com, Where Your Opinion Counts
Talk Radio:   Bill Bennett   Mike Gallagher   Dennis Prager   Michael Medved   Hugh Hewitt   
BREAKING NEWS  LeftArrow - Townhall.com : Conservative, Political, Republican   RightArrow - Townhall.com : Conservative, Political, Republican  
Columns, funnies & more in your inbox!
  • Check the boxes and send us your email address to receveive your free newsletter
  • Your daily must-read of conservative columns, cartoons and news. Coulter, Sowell, Krauthammer and more.
  • Townhall.com’s weekly inside scoop on what’s happening behind the scenes in the world of politics. When news breaks, we report.
  • Signup to receive the latest daily Townhall cartoons
Monday, July 30, 2007
Fred Thompson :: Townhall.com Columnist
Eminent Domain
by Fred Thompson
Vote on It:
Average Vote:
[+] Text [-]
 
 
Poll
Will Congress pass Obamacare by the end of the year?

Orignally appeared on ImWithFred.com

Last week, California officials in National City voted unanimously to use eminent domain to take over more than 600 properties—including a nonprofit youth center dedicated to keeping local kids out of gangs and off the street. They plan to give this land to local private developers for a group of condominiums.

It’s said that a man’s home is his castle, but across America some property owners are being rooked by local bureaucrats and politicians and having their private property confiscated by local governments for the supposed public good.

Most people probably think that if they buy a home or a small business that they will get to keep what they purchased. After all, the Fifth Amendment guarantees that “private property [shall not] be taken for public use, without just compensation.”

But in 2005, the Supreme Court, in Kelo v. New London, held that the government could take private property – even a person’s home – and give that property to a large private corporation for that business’s private use. As Justice O’Connor wrote in her scathing dissent, “Under the banner of economic development, all private property is now vulnerable to being taken and transferred to another private owner, so long as it might be upgraded – i.e., given to an owner who will use it in a way that the legislature deems more beneficial to the public – in the process.”

Not surprisingly, the public responded to Kelo with outrage. Since then, numerous states passed legislation aimed at curbing an abuse of eminent domain powers. In the 2006 election cycle, 12 states held referendums proposing to limit state governments’ abilities to confiscate property a la Kelo. Ten states approved the proposals, each with strong majorities.

Now, nearly two weeks ago, members of both parties in Congress introduced legislation in the House that would deny federal economic funding to state and local governments upon a finding that those governments had abused their power of eminent domain by seizing private property that would be used for private economic development. This is an important issue, and Members of Congress need to act to make sure that federal funds are not used to enable these sorts of takings of private property. Another option would be the reissuance of President Ronald Reagan’s Executive Order 12630, which directs federal agencies to “first do no harm” to property rights when issuing new regulations.

Our Founders placed respect for private property as a key principle when writing our nation’s Constitution, and the protection of private property resulted in the United States becoming the greatest economic power in the world and a beacon of freedom to all. This principle is even more important today, as homeownership has become an increasingly integral part of our citizens’ aspirations for a better future for themselves and their loved ones. If the Supreme Court will not protect our right to ownership, then political leaders must step up to the challenge.

Share:
Vote on It:
Average Vote:
 
About The Author

Fred Thompson has been a lawyer, actor and United States Senator. He writes exclusive analysis and commentary for Townhall Magazine.

Be the first to read Fred Thompson’s column.
Sign up today and receive Townhall.com delivered each morning to your inbox.
Sign up today

The Fifth Amendment
Mr. Thompson,

While the reaction of several states and the congress to the blatant abuse of the language of the fifth amendment by the US Supreme Court to allow for the forced sale of private property owned by one private citizen to another private citizen at the whim of the second private citizen's paid-for politicians is laudible, it is fundamentally just nipping around the fringes of the problem. The solution to this continued erosion of the protections of citizens against a tyrant government that the constitution was designed to provide needs to be corrected by passage of a constitutional amendment to the fifth amendment to eliminate the twisted shade of interpretation that the Supreme Court has applied and to make it clear that imminent domain can only be utilized in cases where private property is required for a public use such as a road, park or other government-owned facility. Further, it should provide that when and if the public use for which that property is acquired ceases to apply, then the private property should be offered for resale to the original owner or their heirs at a price that is comparable (adjusted for inflation) to that paid for the property when siezed by the government.

I would be quite impressed with any presidential candidate who made the need for an amendment to end this abuse once and for all a center-piece of his or her campaign platform.
Sign Up to Post Your CommentsSign Up to Post Your Comments
If you are already registered, click here to login. Otherwise, please take a few seconds to register with Townhall.com. Once you sign up, you’ll be able to post your comments immediately, use the action center, get podcasts, and more!
Note: Fields marked with a red asterisk (*) are required.
Salutation:
First Name:
*
Last Name:
*
Email:
*
Nickname:
*
Note: Nick name will be shown when you post comments.
Address 1:
*
Address 2:
City:
*
State:
*
Zip:
*
Phone:
      
Your daily must-read of conservative columns, cartoons and news. Coulter, Sowell, Krauthammer and more.
(Bi-Weekly) We highlight the best opportunities from our partners for surveys, action items and more.