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Supreme Court rules cities may seize homes
charlotte.com - AP ^ | Jun. 23, 2005 | HOPE YEN

Posted on 06/23/2005 8:07:27 AM PDT by Stew Padasso

Supreme Court rules cities may seize homes

HOPE YEN

Associated Press

WASHINGTON - A divided Supreme Court ruled that local governments may seize people's homes and businesses against their will for private development in a decision anxiously awaited in communities where economic growth conflicts with individual property rights.

Thursday's 5-4 ruling represented a defeat for some Connecticut residents whose homes are slated for destruction to make room for an office complex. They argued that cities have no right to take their land except for projects with a clear public use, such as roads or schools, or to revitalize blighted areas.

As a result, cities now have wide power to bulldoze residences for projects such as shopping malls and hotel complexes in order to generate tax revenue.

Local officials, not federal judges, know best in deciding whether a development project will benefit the community, justices said.

"The city has carefully formulated an economic development that it believes will provide appreciable benefits to the community, including - but by no means limited to - new jobs and increased tax revenue," Justice John Paul Stevens wrote for the majority.

He was joined by Justice Anthony Kennedy, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer.

At issue was the scope of the Fifth Amendment, which allows governments to take private property through eminent domain if the land is for "public use."

Susette Kelo and several other homeowners in a working-class neighborhood in New London, Conn., filed suit after city officials announced plans to raze their homes for a riverfront hotel, health club and offices.

New London officials countered that the private development plans served a public purpose of boosting economic growth that outweighed the homeowners' property rights, even if the area wasn't blighted.

Justice Sandra Day O'Connor, who has been a key swing vote on many cases before the court, issued a stinging dissent. She argued that cities should not have unlimited authority to uproot families, even if they are provided compensation, simply to accommodate wealthy developers.

The lower courts had been divided on the issue, with many allowing a taking only if it eliminates blight.

"Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random," O'Connor wrote. "The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms."

She was joined in her opinion by Chief Justice William H. Rehnquist, as well as Justices Antonin Scalia and Clarence Thomas.

Nationwide, more than 10,000 properties were threatened or condemned in recent years, according to the Institute for Justice, a Washington public interest law firm representing the New London homeowners.

New London, a town of less than 26,000, once was a center of the whaling industry and later became a manufacturing hub. More recently the city has suffered the kind of economic woes afflicting urban areas across the country, with losses of residents and jobs.

The New London neighborhood that will be swept away includes Victorian-era houses and small businesses that in some instances have been owned by several generations of families. Among the New London residents in the case is a couple in their 80s who have lived in the same home for more than 50 years.

City officials envision a commercial development that would attract tourists to the Thames riverfront, complementing an adjoining Pfizer Corp. research center and a proposed Coast Guard museum.

New London was backed in its appeal by the National League of Cities, which argued that a city's eminent domain power was critical to spurring urban renewal with development projects such Baltimore's Inner Harbor and Kansas City's Kansas Speedway.

Under the ruling, residents still will be entitled to "just compensation" for their homes as provided under the Fifth Amendment. However, Kelo and the other homeowners had refused to move at any price, calling it an unjustified taking of their property.

The case is Kelo et al v. City of New London, 04-108.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: blackrobetyrants; eminentdomain; fascism; fpuckfpizer; idiotjudges; itistheft; kelo; obeyyourmasters; oligarchy; ourrobedmasters; outrage; pfizer; propertyrights; royaldecree; scotus; supremecourt; theft; totalbs; totalitarian; tyranny; tyrrany; wereallserfsnow; zaq
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To: Stew Padasso

This is a dark day for America. Government now has the right to steal your property at will for whatever reason it wants. And now private corporations are party to the land grab. Somehow, I doubt if you had pitched this idea to our founding fathers they would think such government seizures are a good idea, much less Constitutional ideas.


121 posted on 06/23/2005 8:46:10 AM PDT by Tall_Texan (Visit Club Gitmo - The World's Only Air-Conditioned Gulag.)
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To: Stew Padasso; BlackElk

Well, it's clear that the "STATISTS" are a majority.

Irony--they're all notorious lefties except Kennedy, who's a "closet" lefty--more an more looking like he's dispossesed of common sense.


122 posted on 06/23/2005 8:46:28 AM PDT by ninenot (Minister of Membership, Tomas Torquemada Gentlemen's Club)
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To: Stew Padasso

This sux beyond belief.


123 posted on 06/23/2005 8:46:46 AM PDT by Little Ray (I'm a reactionary, hirsute, gun-owning, knuckle dragging, Christian Neanderthal and proud of it!)
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To: TheOtherOne
Bad ruling.

Change the make-up of the court.

124 posted on 06/23/2005 8:47:47 AM PDT by pointsal
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To: Stew Padasso
Let me offer the following unobvious fact about this process as one who practiced law in Connecticut for 25 years. p. You own a piece of land, a house on a piece of land, a commercial property on a piece of land. The well-bribed schemers in local office decide that the community really needs more tax revenue than your use is providing. After their relatives and friends are hired by the developer (together with cash bribes from the developer) in exchange for favorable votes to hijack your property for the utterly non-governmental purpose of the next shopping center or office building or hotel or whatever, the government officials then offer you, the landowner, what you and they well know is just about 2/3 of the market value of your property.

Why on earth is that 2/3 value such a consistent abuse of the victimized homeowner? Simple answer, if you hire a lawyer, you pay 1/3 of any amount achieved by sale or settlement to the lawyer (who may NOT get you the full value and certainly won't get you more than full value).

The government takes your property right away, leaving payment amount to be determined by settlement or suit and you either accept 2/3 or wait three or four years of litigation to obtain, at best, the full value but have to pay 1/3 to the lawyer plus costs. You also lose the time value of the money. Imposing embarassment on those few officials capable of embarassment puts nothing in your pocket. Five judges of SCOTUS: Stevens, Souter, KENNEDY (who betrayed the babies), Ginsberg and Breyer have created a constitutional growth industry for gummint corrupters public and private. This was too much even for Sandy Baby. Next vacancy is Rehnquist who voted the right way so there will be no relief there.

125 posted on 06/23/2005 8:48:26 AM PDT by BlackElk (Dean of Discipline of the Tomas de Torquemada Gentlemen's Club)
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To: Stew Padasso

Souter, the gift that keeps on giving. Thanks George H.W. Bush.

Disgusting.


126 posted on 06/23/2005 8:49:03 AM PDT by LongsforReagan (Not a Hannity Republican who just spouts talking points.)
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To: blueberry12

"I don't know, but I heard that property taxes and real estate prices are much higher in Canada. Taxes in general are higher. I hope we don't get to the point where we will have to move to Canada, because it is a freer country."

HUH?


127 posted on 06/23/2005 8:49:12 AM PDT by mark3681
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To: skimbell
Fair Market Value? That's a joke. We got hit by imminent Domain(at least it was for a highway) but we got screwed because the land was zoned agricultural while the property next door which was zoned commercial 2 but undeveloped got 3TIMES the price we got.
Oh, it didn't hurt was a county commissioner and a big developer.
Fair Market Value? What a joke.
128 posted on 06/23/2005 8:49:14 AM PDT by RedMonqey (Keep RIGHT or get LEFT behind!!)
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To: skimbell
they still cannot simply steal it.

It would be theft if you or I did it....even if we tossed the owners a little money after the fact. Let's call it what it is and not weasel our way around like a pack of lawyers.

129 posted on 06/23/2005 8:49:24 AM PDT by jess35
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To: MineralMan
So, this is something you would not fight for? Just let the government take your property to give to another? How indoctrinated are you?

Revolution is a necessary part of maintaining our rights as American citizens. I mean that.

The reason we have the right to bear arms is to defend ourselves against the government, not individuals.

130 posted on 06/23/2005 8:49:42 AM PDT by Finger Monkey (H.R. 25, Fair Tax Act - A consumption tax which replaces the income tax, SS tax, death tax, etc.)
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To: ninenot

Well, the place to look in this matter is not at the SCOTUS. It is at your local elected officials. Are they planning some such eminent domain proceedings? If so, then that needs to be an issue in the next election.

All that is required is that nobody get elected who is in favor of eminent domain actions against private property.

Railing at the Supreme Court is going to do nothing. They have ruled. Time to move the activism in this area to local government. If they don't move to use eminent domain, your property is perfectly safe.

Insist that candidates make their views on this matter known, and hold them to it.


131 posted on 06/23/2005 8:50:14 AM PDT by MineralMan (godless atheist)
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To: Stew Padasso
I am surprised the vote was that close. The concept seems unexceptional. I am also surprised that Scalia et al would permit pathetic reasoning like this in their opinion:
"Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random," O'Connor wrote. "The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms."
This is true of every government power. The Framer's weren't stupid. The only question either opinion should have addressed is what they meant by public use.
132 posted on 06/23/2005 8:50:42 AM PDT by edsheppa
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To: BerthaDee

"Question: Is suggesting a revolution a threat?"

Actually it is...any attempt to overthrow the government is considered a threat.


133 posted on 06/23/2005 8:50:47 AM PDT by politicalwit (USA...A Nation of Selective Law Enforcement.)
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To: BerthaDee

It could get your post deleted


134 posted on 06/23/2005 8:52:11 AM PDT by Admin Moderator
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To: MineralMan

Good points. Time to really get involved in the local races for aldermen, county commission, mayor, etc.


135 posted on 06/23/2005 8:52:20 AM PDT by TheBigB (Why yes, I -do- rock! Thanks for noticing!)
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To: mark3681
Pols are another story completely, as you so aptly state. I do know of two who espoused conservative values while running for election and having watched one (U.S. Senate) for 8 years and another (State Attorney General) for 2 years. So far, they have continued rock solid in their espouses positions.

Every one else is a toss-up, depending on who is donating big hunks of money by large donors.

136 posted on 06/23/2005 8:52:21 AM PDT by zerosix
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To: commonerX

"It is official citizens no long own property, you can only rent it, with the possibility of eviction at anytime."


Did we ever really own our property. I mean, stop paying your property taxes and watch what happens.


137 posted on 06/23/2005 8:52:23 AM PDT by JZelle
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To: BerthaDee
Are you receiving any of my e-mails todya?

No.

138 posted on 06/23/2005 8:52:32 AM PDT by cowboyway (My heroes have always been cowboys.)
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To: Stew Padasso

OK. I'll admit to being a bit slow here. How does that differ from what we already have. If my state wants to build a highway and needs your land, they buy it and build the road. That's already happening. How is this different?


139 posted on 06/23/2005 8:53:01 AM PDT by GOP_Proud (...stumbling across Bill Bennett on the radio is like bumping into Socrates at Starbucks.-K.Parker)
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To: Stew Padasso

This is incredibly wrong. What could these justices be thinking??


140 posted on 06/23/2005 8:53:28 AM PDT by SoDak (A million miles away)
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