Posted on 07/25/2005 10:58:03 PM PDT by FortRumbull
Editorial - Only Fools Rush In - Information meeting on eminent domain this week can start a thoughtful debate on the subject.
Published on 7/25/2005
On Thursday, legislators will begin reviewing Connecticut's eminent domain laws. The proceeding before the Planning and Development and Judiciary committees is not a formal hearing, but is described as an information session.
This meeting will be a good place to set the tone for the state's deliberations on this matter, raised when the U.S. Supreme Court ruled in favor of the city in the Kelo case and reaffirmed the practice of using eminent domain to carry out economic development projects.
In the course of its deliberations, the legislature eventually needs to hear from a variety of different, sometimes conflicting perspectives.
It can learn from all of them.
The Institute for Justice, whose lawyer, Scott Bullock, will address the lawmakers Thursday, will argue for eliminating eminent domain as a tool for economic development. But municipal governments will point out that such a drastic change in the law would unfairly handicap them in building their tax bases. Eminent domain has been an instrument for economic development for 50 years, and state officials are likely to point out that it has been an essential part of Connecticut's economic development interventions.
Right now, public opinion on the subject has been inflamed by the Kelo case. But the debate that will begin with Thursday's meeting ought to begin informing the public's views with facts. That is the sort of debate legislative leaders should foster. If that is the tone, constructive changes in the law can come about. If the discussion is overcome by political posturing, it will be a waste of time and nothing is likely to result.
There is no particular reason to hurry. Lawmakers have discussed holding a special session before the legislature reconvenes next winter. Since this isn't the first time the legislature has looked at the subject, it might be possible to draft legislation by that time. In that way, the subject wouldn't have to compete with all the other concerns before the legislature in its regular session.
But the more important consideration ought to be to deal thoughtfully with a complex topic. Doing the job right will take time and patience.
© The Day Publishing Co., 2005
Now would be a good time to contact your legislators to remind them that this is a government of the people. Unless each of the more than 40 states without bulletproof eminent domain protections now enacts real safeguards into law, the most basic of our rights will have evaporated, courtesy of the current SCOTUS.
Please Freepmail me if you want on or off my infrequent Connecticut ping list.
Yes, we need to hear from the developers who want the government to steal land for them. It's important to get their perspective.
>>Right now, public opinion on the subject has been inflamed by the Kelo case. But the debate that will begin with Thursday's meeting ought to begin informing the public's views with facts.
Someone needs to invoke Eminent domain on the Day's offices. Probably convert it to a 7-11 or Dunkin Donuts. Something that might actually produce something of value for the community.
Wasn't this an editorial that The Day printed?
Where am I to assume this is the position of The Day?
>>Wasn't this an editorial that The Day printed?
Yes.
>>Where am I to assume this is the position of The Day?
From what I can tell on their website, it is written by an Editor of the Day. No name and town is given (as they do with letters to the editor) and no byline is given (as they do with editorials written by outside sources). So I guess it is the official position of an unnamed Editor at the Day. Close enough for me.
Convienent that the opinion remains nameless - yes?
I see your point and The Day deserves to pound sand.
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