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Kelo decision - Condemnation shouldn't become license to take people's houses
Santa Rosa Press Democrat ^ | June 25, 2005 | Editorial

Posted on 06/25/2005 11:09:34 PM PDT by Hetty_Fauxvert

In a decision that will generate waves of consternation, the U.S. Supreme Court on Thursday confirmed a local agency's authority to evict people from their homes to make way for office buildings, hotels and other commercial structures.

In dissent, Justice Sandra Day O'Connor voiced the anxiety of many: "The specter of condemnation (now) hangs over all property. Nothing is to prevent the state from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory."

Writing for the majority in a 5-4 decision, Justice John Paul Stevens insisted that the power of eminent domain - the power to take property and compensate the owner - has always been an essential function of government in planning public facilities and other projects that serve the general welfare.

Until now, however, government never claimed the authority to condemn property on behalf of private developers.

(Excerpt) Read more at 1.pressdemocrat.com ...


TOPICS: Constitution/Conservatism; Editorial; News/Current Events
KEYWORDS: eminentdomain; kelo; scotus
This editorial appeared in today's Santa Rosa Press Democrat, located in Sonoma County, California, a place as blue as they come. The Dems are in consternation over this Kelo decision also. We need to make common cause on this and fight together. Let's figure out how.
1 posted on 06/25/2005 11:09:35 PM PDT by Hetty_Fauxvert
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To: Hetty_Fauxvert

Let's suggest that the DC city government condemn the USSC building, to build a Walmart on its site.

Just think about the tax revenues!


2 posted on 06/25/2005 11:16:13 PM PDT by Travis McGee (----- www.EnemiesForeignAndDomestic.com -----)
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To: Hetty_Fauxvert
We need to make common cause on this and fight together. Let's figure out how.

I have no idea how that can happen until liberals across this country admit that it's a very bad idea to place liberal justices on the U.S. Supreme Court. This was a 5-4 decision by the court that was agreed to by 4 liberals and 1 moderate swing voter.

Bill Clinton claimed that he woke up every morning concerned about the common folk in this country. He bit his lip, appeared to tear up and he'd say, "I feel your pain." But of all the presidents who have nominated justices to the current Supreme Court, Clinton's fingerprints were on this latest ruling more than any other. Both of Clinton's justices endorsed the idea of evicting poor people so that rich people can move in.

This outrageous ruling by the high court - one of many bad calls in recent months - should serve as a wake-up call to ALL Americans, including liberals. When there's a Supreme Court vacancy, liberals should join us in supporting a conservative candidate. That's the best way that we can work together on this.

3 posted on 06/25/2005 11:37:33 PM PDT by billclintonwillrotinhell
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To: Hetty_Fauxvert

I think there are 5 judges on the supreme court who are suffering from early onset alzheimers. And for their care and comfort, their own good of course, need to be hauled off to, what's the name of that hospice where they kept Terri Schiavo?


4 posted on 06/25/2005 11:41:12 PM PDT by GloriaJane (http://music.download.com/gloriajane "Seems Like Our Press Has Turned Against Our Country")
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To: GloriaJane
In dissent, Justice Sandra Day O'Connor voiced the anxiety of many: "The specter of condemnation (now) hangs over all property. Nothing is to prevent the state from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory."

Sandra Day O'Connor swings and misses a lot, but this time she hit a grand slam home run. Unfortunately for us, we needed one more run to win.

To me, this ruling divides the court more than any other on ideological grounds. Scalia and Thomas are solid conservatives. O'Connor and Rehnquist have some bad days, but they usually make the right calls. I can't say that about Kennedy. And I certainly can't say that about the 4 liberals, all of whom should resign for the good of the country.

5 posted on 06/26/2005 12:15:01 AM PDT by billclintonwillrotinhell
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To: billclintonwillrotinhell

You're right! She called it perfectly!


6 posted on 06/26/2005 12:16:59 AM PDT by GloriaJane (http://music.download.com/gloriajane "Seems Like Our Press Has Turned Against Our Country")
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To: billclintonwillrotinhell
...should serve as a wake-up call to ALL Americans, including liberals. When there's a Supreme Court vacancy, liberals should join us in supporting a conservative candidate. That's the best way that we can work together on this.

A noble sentiment, one I grew up with and used to share. I have come to understand that American politics, especially the politics of Supreme Court confirmations, no longer have any relationship to these sublime notions of comity. The liberals have Borked us into this embattled state. Only a naif goes to a gunbatle with a knife. We are in a death wrestle for the soul of Ameica and the lives of tens of millions.

Five aging liberals, so elite they are tone deaf to sounds and tempo which inspire and disturb middle class America, have inadvertently teed up an issue which can turn elections and influence Supreme Court confirmations for critical years to come. Nothing arouses middle America like a threat to home and hearth unless it is a threat to their kids. This is an issue which will bestir suburban burghers in Ohio, Pa, Fl, Mn and etc. like no other.

This is no time for "can't we all just get along." This is the time to awake America to the existential threat to their culture, the democracy and their property created by liberalism. This is the issue which will resonate. Use it! Demonstrate to middle class home owners how the liberal liberal raid on the Constitution by berobed tyrants presents a real threat to them.

Drive these damn libs into the sea, crush them, burn their villages and plow their fields with salt. Drive a wooden stake through their collective heart. Don't worry, they will be back for they appeal to our primal dependencies. But for God's sake, and our childrens', win this battle while we can.


7 posted on 06/26/2005 2:52:22 AM PDT by nathanbedford (The UN was bribed and Good Men Died)
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To: Travis McGee
Let's suggest that the DC city government condemn the USSC building, to build a Walmart on its site...Just think about the tax revenues!

And they could lease it to Walmart for $1 a year just like they are going to do in the New London case, according to the majority decision!

8 posted on 06/26/2005 4:04:54 AM PDT by AndyJackson
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To: Hetty_Fauxvert

I believe one of the reasons the liberals opposed Justice Brown's ascent to the appeals court was her strong opinions supporting individual property rights.

The libs in the senate have really painted themselves into a corner, and it will be interesting seeing them squirm as they defend their opposition to Brown and her statements supporting property rights.

In the next election cycle this issue can be used to destroy these socialists in elections. That's assuming Republicans have enough brains to pick the issue up and run with it.

Guess I'll sit here and watch the pyramids crumble to dust while waiting.


9 posted on 06/26/2005 5:34:04 AM PDT by sergeantdave (Marxism has not only failed to promote human freedom, it has failed to produce food)
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To: Hetty_Fauxvert

This should be called the Mugabe decision.


10 posted on 06/26/2005 7:09:15 AM PDT by finnsheep
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To: Travis McGee



All of K Street should be bulldozed.


11 posted on 06/26/2005 8:44:05 AM PDT by 4Liberty (wealth and poverty are no accident. we make our own choices.)
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To: Travis McGee

Neither churches nor government buildings generate tax revenue. But, I'd start with the Fabulous Five's personal dwellings, even though they do generate tax revenue. Put a government-sponsored "Musuem of Marxism" on each one, to serve as a lesson about the economic and human devastation brought about by "greatest good for the greatest number" policies. (Fab Five = Ginsburg, Souter, Kennedy, Stevens, and Breyer.)


12 posted on 06/26/2005 8:54:06 AM PDT by coloradan (Hence, etc.)
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To: nathanbedford
nathanbedford said: "Drive these damn libs into the sea, crush them, burn their villages and plow their fields with salt. Drive a wooden stake through their collective heart. Don't worry, they will be back for they appeal to our primal dependencies. But for God's sake, and our childrens', win this battle while we can."

Sounds good to me.

My wife and I were at a social gathering recently attended by a liberal couple we know. They were complaining because they were required to install wired smoke detectors into their new vacation home despite the fact that the house is off the grid. They will have to have battery powered detectors to get any protection.

There was never a good opportunity for the comment I intended which is, "I'm sure the government knows what is best for you".

13 posted on 06/26/2005 2:14:30 PM PDT by William Tell
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