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Va. Lawmakers to Bar Home Seizure for Private Uses
WTOP Radio News ^ | June 25, 2005 | Bob Lewis

Posted on 06/26/2005 12:28:12 PM PDT by FreeKeys

RICHMOND, Va. (AP) - Shocked at a U.S. Supreme Court ruling that allows cities to raze homes so developers can build private hotels, malls and office parks on the land, state lawmakers called for legislation to ban the practice Friday.

The high court split 5-4 in a Connecticut case Thursday that under the Fifth Amendment, municipalities could take private property for private development because the project in question met a public purpose: creating jobs and revenue.

But in an impassioned dissent, Justice Sandra Day O'Connor wrote that the court majority had forsaken the middle class and gutted the American principle of individual property rights to further enrich the wealthy.

At least eight states already forbid local governments from using eminent domain to take private property for private development. The high court's majority opinion said states may adopt protections against the practice if they see fit.

In conservative Virginia, the ruling stunned and angered legislative Democrats and Republicans, some of whom began exploring ways to nullify the ruling in the state.

Del. Johnny Joannou was on his way Friday to consult with bill-drafting experts in the General Assembly's Division of Legislative Services about a remedy, possibly a state constitutional amendment.

"I really couldn't believe it," said Joannou, D-Portsmouth, shaking his head as he gazed at printouts of news stories about the decision. "They've ruled that almost anything is a public use now, and that really concerns me. A lot of our rights in this country stem from property rights."

Government always has been empowered to take property for a public purpose under a legal principle known as the power of eminent domain. Governments routinely use the process to condemn and claim land necessary for such uses as roads, schools and parks. Property owners must be paid a fair market value.

Localities also can raze blighted property for the purposes of safety and community improvement. But Thursday's ruling was the first to give local governments the right to convey property from one private owner to another for the purpose of development.

The legislature's two most powerful leaders denounced the ruling.

"I think it was a crummy decision," said House Speaker William J. Howell, R-Stafford, an estate lawyer by profession.

"You don't have to be a brilliant lawyer to know the Supreme Court overstepped its bounds. It defies logic to say government can take private property for private uses," he said.

Senate President Pro Tem John H. Chichester, R-Stafford, said he was "absolutely appalled" at the ruling. "I certainly hope there will be some bills prefiled, but we have to exercise caution and not do this in haste."

Sen. Benjamin Lambert, a member of the Legislative Black Caucus, said he fears the decision will harm minority homeowners most.

"Through the years, blacks in particular who have owned property have seen eminent domain come in and take it. I am quite sure members of the Black Caucus will get together on this," said Lambert, D-Richmond.

The Virginia Municipal League, an advocacy and lobbying organization for Virginia's cities, worries that the emotion of the issue could lead to legislative overkill, said Mark Flynn, VML's director of legal services.

"It really is important that this issue not get confused with the poster child of someone who just doesn't want to sell," said Flynn, who also lobbies for VML.

He was referring to the New London, Conn., case on which the Supreme Court decision was based. That economically depressed city desperately needed the land for a new, upscale development, and all but a handful of property owners had agreed to sell.

In Virginia, such cases would be extremely rare, Flynn said.

"After the dust settles, I'm sure there will be legislation. But it's been my experience in Virginia that with localities _ even the biggest city, Virginia Beach _ they all absolutely loathe eminent domain like crazy," Flynn said.

One reason is hauling small homeowners into court and using the legal might of government to strip them of their homes creates disastrous public relations and lingering resentments against elected officials.

Another reason is it's cheaper to offer a homeowner a buyout price he can't turn down than to hire lawyers, said Flynn, a lawyer himself.

He said VML won't necessarily oppose legislation to bar local use of eminent domain for private development, "but what we do need to protect for cities is the right to redevelop areas that are in blight or falling into blight."

Flynn also said new legislation needs to account for the growing use of public-private partnerships in which the roads, schools and buildings once the sole province of the public sector are built at government direction for a public use by private investors.


TOPICS: Culture/Society; Government; News/Current Events; US: Virginia
KEYWORDS: assetseizure; bushhomeownership; commiesonthemarch; compassionatemyass; confiscation; eminentdomain; freedombetrayedgwb; illegalalienhighway; kelo; privateproperty; scotus; takegwbshouse; takings; transtexascorridor; ttc; va; vageneralassembly; virginia
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Reason: How is this going to affect lower court decisions in other eminent domain cases, such as the Michigan Supreme Court's reversal of the Poletown decision last year?

Scott Bullock: What's important to point out is that even the majority admitted that state courts are free to interpret their own provisions in a manner that's more protective of property rights. Thankfully, every state Constitution has prohibitions against private takings and a requirement that takings be for public use. And, only six states have held that economic development condemnations are Constitutional. Nine have held that they are not. And most states have not addressed it.

-- excerpt from: http://www.reason.com/interviews/bullock.shtml

So the FIRST thing to do is to get your state to strengthen its anti-taking laws and put real TEETH in them, and establish a special fund for district attorneys to investigate and prosecute violations, with arrangements for publicity for high-profile cases. Wuddya think? Better ideas sought here!

1 posted on 06/26/2005 12:28:31 PM PDT by FreeKeys
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To: FreeKeys

Bravo Virginia! I am SO glad I live in a SANE commomweath (that's state to all you other folks...)


2 posted on 06/26/2005 12:31:30 PM PDT by GunnyB (Once a Marine, Always a Marine)
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To: FreeKeys
Sen. Benjamin Lambert, a member of the Legislative Black Caucus, said he fears the decision will harm minority homeowners most.

Paging the Democrats...

You can't have it both ways.

3 posted on 06/26/2005 12:31:36 PM PDT by mewzilla
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To: GunnyB

Now let's see if the Socialist State of New Jersey will do the same ..!!


4 posted on 06/26/2005 12:32:51 PM PDT by Renegade
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To: FreeKeys

Excellent! I was afraid I was going to have to use some of my vacation to lobby them.


5 posted on 06/26/2005 12:33:17 PM PDT by nina0113
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To: FreeKeys
John Chichester is a RINO. You can gauge it by his cautious reaction. I'll be surprised if an eminent domain constitutional amendment gets approved by the Virginia State Senate.

(Denny Crane: "Sometimes you can only look for answers from God and failing that... and Fox News".)
6 posted on 06/26/2005 12:34:17 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: goldstategop

Morgan Griffith will push it through.


7 posted on 06/26/2005 12:35:05 PM PDT by nina0113
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To: goldstategop

If they've been listening to talk radio at all, they'll pass it :) I know folks who normally AWOL when it comes to anything political, and they are now livid at the thought this could happen to them. A sleeping giant has awakened.


8 posted on 06/26/2005 12:37:26 PM PDT by mewzilla
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To: FreeKeys

Republican Tom McClintock of California is sponsoring a bill like this. Which means it's probably doomed in the dingbat leftist legislature; the Dems would cut off their arms before they voted for anything major from a Republican. We'll probably end up having to have an initiative to get this passed. I hope we do soon, because the members of the San Diego City Council would give their firstbord children to anyone with a campaign contribution. Selling a developer our property wouldn't give them a second's pause.


9 posted on 06/26/2005 12:37:52 PM PDT by John Jorsett (scam never sleeps)
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To: FreeKeys
"It really is important that this issue not get confused with the poster child of someone who just doesn't want to sell," said Flynn, who also lobbies for VML

What a snotty remark.
10 posted on 06/26/2005 12:42:27 PM PDT by Flora McDonald (Stand the Storm!)
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To: Flora McDonald

Beyond snotty. How dare someone wish to do with their private property what they want?!


11 posted on 06/26/2005 12:44:41 PM PDT by mthom
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To: mthom
Property must be secured or liberty cannot exist.

John Adams

12 posted on 06/26/2005 12:47:33 PM PDT by mewzilla
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To: FreeKeys; goldstategop; iceskater; GeorgeW23225
Senate President Pro Tem John H. Chichester, R-Stafford, said he was "absolutely appalled" at the ruling. "I certainly hope there will be some bills prefiled, but we have to exercise caution and not do this in haste."

TRANSLATION: "We'll get this badboy bottled up in committee faster than you can shake a stick."
13 posted on 06/26/2005 12:47:42 PM PDT by Flora McDonald (Stand the Storm!)
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To: FreeKeys

I expect other states will do the same.


14 posted on 06/26/2005 12:47:58 PM PDT by veronica (Mimes and clowns are weird...)
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To: Renegade

"Now let's see if the Socialist State of New Jersey will do the same ..!!"

No way. No freaking way. NJ is the most densely populated state in the nation, it is also bi-partisanly corrupt to its very core.

I have been living here for 17 years and I am dying to get out. But like the man said "people have tried before".


15 posted on 06/26/2005 12:48:29 PM PDT by jocon307 (Can we close the border NOW?)
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To: mewzilla

Clearly we have a long, long way to go to reach true liberty.


16 posted on 06/26/2005 12:49:16 PM PDT by mthom
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To: mthom

Before you know it, folks will want their children to inherit the old homeplace.


17 posted on 06/26/2005 12:49:46 PM PDT by Flora McDonald (Stand the Storm!)
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To: mewzilla

"A sleeping giant has awakened."

Yes, this seems to be an accurate decision. They have pleased a small minority and infuriated about 85% of everyone, in every party. They have threatened the foundation of this country. This decision will last about as long a Dred Scott.


18 posted on 06/26/2005 12:50:20 PM PDT by jocon307 (Can we close the border NOW?)
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To: Flora McDonald

My sentiments exactly.

I'm spitting mad over the Supreme Court's decision and I'll be making my phone calls tomorrow.

Mr. Flynn will be hearing from me too. VML's staff page is here: http://www.vml.org/AboutVML/Staff.html


19 posted on 06/26/2005 12:51:56 PM PDT by Nickname
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To: FreeKeys

If Va passes this, good for them- next: the other 49 states.


20 posted on 06/26/2005 12:53:58 PM PDT by the anti-liberal (Crap impersonating intellectual discourse is the final fruit of decadence (It's time the Left left!))
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To: FreeKeys
RICHMOND, Va. (AP) - Shocked at a U.S. Supreme Court ruling that allows cities to raze homes so developers can build private hotels, malls and office parks on the land, state lawmakers called for legislation to ban the practice Friday.

HEAR HEAR!!!!
21 posted on 06/26/2005 12:54:46 PM PDT by F15Eagle
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To: Nickname

Thanks for the link!


22 posted on 06/26/2005 12:56:12 PM PDT by Flora McDonald (Stand the Storm!)
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To: FreeKeys

I think local and state officials are getting an earful. As we mentioned, both Libs and Cons are pissed off at this!


23 posted on 06/26/2005 1:00:01 PM PDT by Clock King
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To: FreeKeys
Government always has been empowered to take property for a public purpose under a legal principle known as the power of eminent domain. Governments routinely use the process to condemn and claim land necessary for such uses as roads, schools and parks. Property owners must be paid a fair market value.

As if government monopolies in education, and land entertainment have been so spectacularly successful. I would argue that they have not. Transportation is a more interesting problem, but even in that case there has been massive corruption and corporate welfare. Witness the railroads.

24 posted on 06/26/2005 1:02:02 PM PDT by Carry_Okie (There are people in power who are truly evil.)
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To: Flora McDonald

Elections coming up...we won't forget.


25 posted on 06/26/2005 1:02:42 PM PDT by nina0113
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To: GunnyB

The Constitution and bill of rights was, in part, modeled after the Virgina state constitition, and the constitution was written, in larger part, by viriginians, so I am glad to see they can at least 'interpret' it correctly.

http://www.neoperspectives.com/scotuspropertythieving.htm
my thoughts.

Petition to impeach justices
http://www.petitiononline.com/lp001/petition.html


26 posted on 06/26/2005 1:03:44 PM PDT by traviskicks (http://www.neoperspectives.com/scotuspropertythieving.htm)
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To: Nickname

Thanks for saving me the research! Mr. Flynn's bio looks like he wants to go to the General Assembly, doesn't it? His smartalecky little remark just cost him that. People just do not UNDERSTAND the power of the Net.


27 posted on 06/26/2005 1:05:24 PM PDT by nina0113
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To: jocon307

Yes, this seems to be an accurate decision. They have pleased a small minority and infuriated about 85% of everyone, in every party. They have threatened the foundation of this country.
---

I've talked to a lot of people with vastly varying ideologies about this and every single one is furious. I'd say it's probably 95% total against and 90% of Liberals against. Actually, to see the country thus united brings back some of my faith in the American people, especially the lib voters (not leaders).

President Bush still hasn't said anything about this. Loosing my (remaining) faith in him...



28 posted on 06/26/2005 1:07:11 PM PDT by traviskicks (http://www.neoperspectives.com/scotuspropertythieving.htm)
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To: GunnyB

I'm breathing a little easier now. Just hope other states follow suit.


29 posted on 06/26/2005 1:07:19 PM PDT by Cosmo (Liberalism is for girls)
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To: FreeKeys
"...he fears the decision will harm minority homeowners most."

It very likely will. Already, some American communities have embarked on the odious practice of seizing property, both homes and businesses, in these "rundown" neighborhoods so that revenue-producing "upscale" ownership can replace them. This absurd Supreme Court decision gives them carte blanche (pun intended!!!).

"'Through the years, blacks in particular who have owned property have seen eminent domain come in and take it. I am quite sure members of the Black Caucus will get together on this,' said Lambert, D-Richmond."

They will certainly have my support, if they do.

They'll also have my support if they start impeachment proceedings against the five "justices" responsible for this decision. Frankly, it belongs in the same trashdump of history with the Dred Scott Decision.

30 posted on 06/26/2005 1:07:43 PM PDT by Savage Beast (Unless Republicans nullify the Eminent Domain Decision, they will get NO support from me!)
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To: mewzilla
"A sleeping giant has awakened."

I certainly hope so. I thought he was comatose.

31 posted on 06/26/2005 1:10:03 PM PDT by Savage Beast (Unless Republicans nullify the Eminent Domain Decision, they will get NO support from me!)
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To: nina0113

You are right. I sure haven't and won't forget.


32 posted on 06/26/2005 1:11:48 PM PDT by Flora McDonald (Stand the Storm!)
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To: veronica
While they're at it, I hope they pass legislation requiring that true market value be given.
33 posted on 06/26/2005 1:12:49 PM PDT by Savage Beast (Unless Republicans nullify the Eminent Domain Decision, they will get NO support from me!)
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To: Savage Beast

"They'll also have my support if they start impeachment proceedings against the five "justices" responsible for this decision."

I've been waiting to see that word "impeachment" brought up. What would it take?


34 posted on 06/26/2005 1:17:39 PM PDT by jocon307 (Can we close the border NOW?)
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To: Flora McDonald
TRANSLATION: "We'll get this badboy bottled up in committee faster than you can shake a stick."

Exactly my reaction to Cha-ching-chester's comment.

35 posted on 06/26/2005 1:18:51 PM PDT by Gabz (My give-a-damn is busted.)
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To: FreeKeys
Justice Sandra Day O'Connor wrote that the court majority had forsaken the middle class and gutted the American principle of individual property rights to further enrich the wealthy.

The purpose of this is not to enrich the wealthy corporations, althought that is a result and I'm sure they're delighted. This came about because the govt. wishes to enrich themselves through increased tax revenues.

36 posted on 06/26/2005 1:19:14 PM PDT by Excuse_My_Bellicosity ("A litany of complaints is not a plan." -- G.W. Bush, regarding Sen. Kerry's lack of vision)
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To: FreeKeys

Does State Law take precedent over Federal Ruling?


37 posted on 06/26/2005 1:28:26 PM PDT by Snoopers-868th
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To: Carry_Okie
". . . corporate welfare. Witness the railroads.

And don't forget the mass transit buses we all subsidize while we buy, maintain, pay to park, pay for gas and pay for our own cars while the intercities enjoy their low riding rates and beautiful bus depots. Remember Alaska's pork!

38 posted on 06/26/2005 1:33:34 PM PDT by Snoopers-868th
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To: FreeKeys
So how does this compare/contrast with, say, Roe v. Wade?

In Roe, states forbade the practice of abortion, so someone who wanted one went the the Supreme Court to rule that state-bans on abortion were unconstitutional.

Now the Supreme Court is ruling that government takings of private property is okay but states can enact tougher legislation? If that's true, why can't states also enact tougher abortion legislation than what's in the Constitution? What's to stop a developer in a state to argue before the Supreme Court that the state's tougher takings ban is unconstitutional in light of last week's ruling?

My brain hurts...

-PJ

39 posted on 06/26/2005 1:36:14 PM PDT by Political Junkie Too (It's still not safe to vote Democrat.)
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To: Trout-Mouth
It's a long list.
40 posted on 06/26/2005 1:36:25 PM PDT by Carry_Okie (There are people in power who are truly evil.)
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To: FreeKeys

does the supreme court care about states' rights?


41 posted on 06/26/2005 1:36:47 PM PDT by InvisibleChurch (Linus Van Pelt : "Life is full of choices, but you never get any.")
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To: Savage Beast

You mean after they devalue our property. Current talk is that our home loans and appraisals are way over value?


42 posted on 06/26/2005 1:38:16 PM PDT by Snoopers-868th
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To: FreeKeys; NormsRevenge; BurbankKarl; bd476
Congratulations! By contrast, this is how California operates:

Hollywood moves to seize woman's storefronts so developer can build condos
South Florida Sun-Sentinel, 6/22/05

43 posted on 06/26/2005 1:40:26 PM PDT by lainie
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To: lainie
Uh, I think that's Hollywood, Florida, which is just south of Ft. Lauderdale.

-PJ

44 posted on 06/26/2005 1:43:02 PM PDT by Political Junkie Too (It's still not safe to vote Democrat.)
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To: Political Junkie Too
Oops. I thought it was Hollywood, CA! Duh.

So that's the Florida operates. :-)

45 posted on 06/26/2005 1:44:23 PM PDT by lainie
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To: Political Junkie Too

Political Junkie Too wrote:

My brain hurts.






Read this.. It will hurt even more:


The Property Rights Origins of Privacy Rights
Address:http://www.freerepublic.com/focus/f-news/1431113/posts


46 posted on 06/26/2005 1:45:42 PM PDT by musanon
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To: FreeKeys

Wonder what the free market would make of it, over time, if some cities had strict laws against eminent domain, and others did not? I bet the former would thrive and the poor stiffs who couldn't afford anything else would be stuck with the latter.

Would you want to invest in a home that might, at any time, belong to anyone who covets it and can bribe bigger than you can? Reminds me of the old refrain, "I owe my soul to the company store."


47 posted on 06/26/2005 1:50:20 PM PDT by Graymatter
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To: Flora McDonald; FreeKeys; goldstategop; iceskater; GeorgeW23225; Gabz

Interesting news alright. But I'm concerned about who the players are.

Anything with Cha-Chingchester's name on it is suspect.


48 posted on 06/26/2005 1:51:47 PM PDT by Corin Stormhands (Senator Byrd: Did the Union troops withdraw because of your Klan insurgency?)
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To: FreeKeys
It defies logic to say government can take private property for private uses," he said.

Actually, this is the basis for all socialism. It's been going on for years in this country, at an accelerating pace. It's just that always before it was done under the guise of a Robin Hood kind of ideology, taking from the "rich" and giving to the "poor". Now it's just taking from whoever the government damn well pleases, and giving to whoever tells them he can make the most money from the seized property. It's a dangerous corner we've turned. This HAS to be reversed.

49 posted on 06/26/2005 1:59:43 PM PDT by Hardastarboard
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To: FreeKeys

In my home town, which is Bush Country, property is always assessed at its "highest and best" use, which means if a a high rise would generate more tax revenue, the property is assessed as if a high rise existed.

If you live near commercial delopment, you are in danger of being assessed as commercial.

So much for the old plya and movie, "You Can't Take It With You".


50 posted on 06/26/2005 2:00:27 PM PDT by js1138 (e unum pluribus)
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