Skip to comments.Sotomayor's confirmation likely to shrink property rights
Posted on 07/14/2009 4:28:36 PM PDT by DBlake
Her appointment could further shrink the property rights of homeowners and small businesses, says law professor Ilya Somin in an editorial. Somin says that Sotomayor takes the Supreme Court's controversial 5-to-4 Kelo decision, which allowed homes to be seized for the benefit of developers, and expands it beyond even what the Supreme Court intended:
This is interesting, because only the extreme, extreme, bordering on mentally ILL left thought the Kelo decision was correct. EVERYone I know thought that decision was a load of crap (thanks Justices Kennedy and O’Connor). This is not going to win The Wise Latina chips in the mainstream.
Hey, maybe there won’t be a GOP vote in committee for her after all....
Property rights are a big issue in my county in WA state. Some property rights groups say that we have some of the most egregious violations of property rights in the country and they are currently searching for the just the right case to take all the way to the supreme court.
Right now, we have a reverse KELO case in the state supreme court. This is a reverse KELO because rather than the promise of increased tax revenue, the county action will increase the tax burden on the rest of the tax payers. That action was actually not a taking but a virtual condemnation of property, by down grading the commercial zoning to R10 on a piece of property that is clearly not suitable for residential use.
This is not the only piece of property in the county that has been down zoned, they have down zoned almost ALL of the commercial property in the county, saying that we have used up all our allotted growth until 2024. Not only are the tax payers facing a huge added tax burden, but they will also be facing a no growth economy, and the legal costs if the county loses the case.
Oh, and I heard that the council is proposing an income fee, to get around the requirement that new taxes go to a referendum.