Posted on 06/23/2005 8:06:55 PM PDT by Blood of Tyrants
Everybody knows about the shot that was heard around the world as the birthing pains of this once great nation. Today, sadly, we may have heard it's death knell.
It did not come with violence or shots fired. It came with the virtual elimination of personal property rights.
Our founding fathers knew how important the ownership of property was and sought to protect the right to be secure in the ownership of property to the extent that they enshrined the guarantee that property would not be taken for public use without due process and just compensation.
For over 200 years it was understood that "public use" meant that the ownership would transfer from the private owner to the local, state, or federal government for things such as military bases, roads, schools, prisons, etc. Now, the meaning of "public use" has been altered by 5 people who were never elected to office and in all reality, are completely unaccountable to anyone, to mean privately owned condos, shopping centers, and business parks under the thin guise that those enterprises would contribute more tax money to the coffers, thus increasing the "public good"
Justice Stevens, writing for the majority said that judges should give city councils and state legislatures "broad latitude in determining what public needs justify the use of the takings power," he added. To make sure that he wasn't misunderstood he added, "The city has carefully formulated a development plan that it believes will provide appreciable benefits to the community, including, but not limited to, new jobs and increased tax revenue," and just destroyed any pretence that you have any recourse whatsoever if the government or county decides that they want your property for any reason at all.
Sandra Day O'Connor writing a scathing dissent correctly said that now rich and politically land developers and businesses could basically take your land away from you with the help from the local government. Yes, you could fight it in court, but it is now fruitless as you are guaranteed to lose in a fixed fight.
For years the people have for the most party sat quietly as the government stole more and more freedoms from us. Prior to 1914 and fool could take any drug he or she wanted and kill themselves, thus increasing the quality of the gene pool for the rest of us. Before 1918, the government had no claim to your wages and could not tax them. Prior to 1934, Sears sold machine guns from their catalog and nobody thought anything about it. Prior to the 1950's preachers could freely endorse or denigrate any political candidate they wanted, just as had been done since the very first town government was formed in this country almost 350 years prior. Since 1986 it has been illegal to manufacture and sell a machine gun to a civilian despite the fact that in the past several decades the number of people int he US murdered by a person with a machine gun has been exactly one, and the person doing the shooting was a police officer using a gun issued to the police department.
But hope is not lost however, ownership of real property does a funny thing to people. It is a spot that a person can say, "This land is MINE!" with a dedication and a fierceness that is somewhat scary. Religion and politics and abortion and the WOT all take a back seat when two neighbors are faced with having their property stolen by the government.
Maybe that bell sounding isn't the death knell but the alarm.
Maybe this will awake the sheeple to realize that the socialist have gone too far.
Maybe the bell is just signalling round two of the Revolutionary War.
Will this war be fought with bullets or ballots?
We shall see.
bttt
Whatever! At the risk of the thought police, I hope all these yahoos know that when they come for my property, any number of them are at risk? Hope they pack a lunch, it's going to be a long, deadly day.
I agree, something needs to be done
What if the government decides it would generate more revenue if you were dead and it took your stuff?
"It came with the virtual elimination of personal property rights."
I had the same thoughts as I read the news of this. This is it folks, we have lost the essence of freedom in this scotus decision and we lost it during a republican administration (who'd a thunk?)
It's only a matter of time before it is used as a dirty political revenge modus operandi. Hillary must licking her chops tonight.
excellent essay
"Our" land hasn't been our land for some time now.
Don't pay property tax, they take it.
They tell you how you have to keep it, what you can do with it, when you can do what you want with it.
Try cutting down a tree... Try building something on it...
The government is everyone's landlord - don't play by their rules they evict you.
The continuum of property rights ends at the fillings in your teeth and the mineral content of your cremation ashes. Spectacularly bad decision today and completely anti-American.
I haven't seen this in the news. In fact, I have seen very little news lately because I have been busy. I just see a few headlines, and catch a few stories, but not nearly as much as I ordinarily try to see.
A five to four vote with O'Connor writing a scathing dissent which I think I agree with? I simply must read more. I am out of the loop here.
Still, your vanity post is great.
I'm with you, FRiend.
Consider this a public notice: If the State comes for my property, they had best send a SWAT team first.
This is a substansial step toward socialism. But it is not
the first.
what if the government decides that joe blow will build a much nicer and bigger house on my land than my itty bitty one, thus generating more tax dollars and take it away??
does ruby ridge sound familiar???
Libertarian ping.To be added or removed from my ping list freepmail me or post a message here
From time to time, the tree of liberty must be watered with the blood of tyrants and patriots. --Thomas Jefferson
No, it is not. But it is the most critical.
Remember this date. June 23, 2005. It will be the date in history where Lady Liberty's back was broken or where she was awakened from a long slumber.
It is getting very, very close.
It begins and ends by ramming unequivocally conservative SC judges down the throat of Democrats to the betterment of the Republic.
Enough GOP appointed Souters, Kennedys and O'Connors.
Dubya Bush had better come up BIG.
This is an issue which all Freepers (left or right) and americans can agree with I'm sure. Who in their right mind would be for this?
Ironically, as soon as some yuppie's property is taken so a Home Depot can be built, 49% of the population will conclude that this is another one of those "benefit the rich corporations" things that "the Republicans must have done."
Did you see the thread on DU? Talking about a truce with FR over this... Federal Express is delivering iced tea to hell as we speak!
Many thanks to the Republican presidents who appointed three of the five assholes who stole our property today.
I wonder if this precedent setting decision was based off of foreign law.
Fight on!
The liberals are taking a "scorthed earth" approach to this administration, and the majorities policies, so LETS GIVE THEM A SCORTCHED EARTH!
I for one have ahd all that I can take from these socilaist liberals!
I can, and will fight to keep what is left of my "property rights" and as for another revolutionary war II, it is closer than you think to becoming reality!!
82nd ABN 1/508th BN Bco
"fury from the sky"
O'Conner was standing with the conservatives against the fascist five.
Yes. The laws of all communist and socialist countries allow the government to take possession of any and all property.
Very eloquent, Mr. Blood.
Since the decision was justified for the good of the community, I presume we are now living in a socialist state. There was a time when, in the USA, the good of the community was embodied not in the fact that every member of that community worked together, under direction of the komissar, toward a common goal, but that they retained individual rights. Including and especially property rights.
Don't worry, at some point in time in the near future I'm sure it will become SOP.
How would they feel if Wal-Mart wanted to bulldoze THEIR home for a Supercenter?
Remember when everyone wanted "zoning" and now they are waking up to realizing that by adopting "zoning" they gave up their private property rights to the government to control! HELLO!
WAKE THE HELL UP AMERICA!
I pray this is the alarm. even the Libs at DU are angry about this. They even suggested aligning with freepers on this one issue.
The Scotus needs somekind of accountability to the people
OMG, you read my mind. I just came from DU a few seconds ago to see what they thought. Yep, a few posters said that it would be a good idea and they'd like to start some grassroots FR/DU movement. WOW!
Thanks for posting this, but the USSC just confirmed what's been standard practice for at least the past 20 years. Besides us kooks, who cares?
Then the Second Amendment already trumps today's ruling.
THE SOCIALIST WHO BROUGHT THE ACTIONS!
Yes. Various malevolent forces are trying to layer the American Nation with all sorts of terrible laws and restrictions. They seek control of the populace and want to control people to such an extent that the citizenry can only behave like drugged wasps.
Worth repeating.
I realize that in this case.
Based upon her record as of late, O'Connor has become that broken clock which is right twice a day.
Someday soon, the people may look up at the sky and say, "Today is a good day to die."
isn't not upholding the constitution ground for impeaching a justice?
five impeachments need to be submitted to congress tomorrow.
this is so blatent! "everyone" (obviously not) knows what "public use" means.
even my liberal friends are shocked at this verdict. (shocked that they agree with the four who decented.)
Several years ago, a not so busy corner on the edge of my town had a liquor store standing on it. The property owner was renting the building to them. The property owner also had a 20 acre empty lot right next to it. As the city grew, Home Depot bought the lot next to the liquor store and attempted to buy the lot the liquor store stood on. As it happens, the liquor store had a 50-year lease on the property. Home Depot wanted the lot for more parking. The property owner and Home Depot blocked all access to the liquor store with construction cones to try to put them out of business. After a lengthy court battle, the liquor store won. Needless to say after about 12 years or so, the liquor store still thrives on that corner, The Home Depot is now defunct, a great ironic twist if you ask me.
"Consider this a public notice: If the State comes for my property, they had best send a SWAT team first."
They'll be more than happy to oblige. Just ask the Branch Davidians and Randy Weaver. They love shooting "anti-government" types. And they've gotten good at it.
What a sad day for our country.
Really? I wonder what they would do if this was linked over at the DU site? I don't have an account. Could you do it?
One possible upside to this...maybe the RINO-trash in the Senate will now be more disposed to support conservative SCOTUS nominees. But I'm not getting my hopes up.
"Nine out of ten voices in my head are telling me to clean my guns."
It has been standard practice only in some communities. Many others operated on the original intent of eminent domain and will now feel free to take whatever they want.
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