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Congress works to blunt property seizure ruling (Eminent Domain)
Houston Chronicle ^ | July 1, 2005 | BENNETT ROTH

Posted on 07/01/2005 1:04:12 AM PDT by YCTHouston

WASHINGTON - A Supreme Court decision allowing governments to seize property for economic development purposes has prompted an angry reaction in Congress, where lawmakers in both the House and Senate promoted legislation Thursday designed to mitigate the impact of the ruling.

Sen. John Cornyn, R-Texas, proposed legislation that would bar the federal government and local and state governments who receive federal funds from taking property for economic development use.

"The protection of homes, small businesses, and other property rights against government seizure and other unreasonable government interference is a fundamental principle and core commitment of our nation's founders," according to a letter written by Cornyn and Florida Democratic Sen. Bill Nelson. The letter was sent to colleagues asking for co-sponsors for the legislation.

DeLay backed similar bill House Majority Leader Tom DeLay, R-Sugar Land, threw his support behind a similar measure that was introduced in that chamber by Judiciary Committee Chairman James Sensenbrenner, R-Wis.

"This is a horrible decision by the Supreme Court," said DeLay, who said that the ruling is an example of why Congress should exert more oversight of the judiciary.

"This Congress is not going to just idly sit by and let an unaccountable judiciary make these kind of decisions without taking our responsibility and our duty given to us by the Constitution to be a check on the judiciary," said DeLay.

On Thursday, the House took an initial step toward trying to curb the use of federal money whenever a government seizes property for private development. Lawmakers by a 231-189 margin approved an amendment to a spending bill that would bar the use of federal funds to improve or construct infrastructure on such lands.

In Texas, state lawmakers hurried to sponsor other proposals designed to blunt the effects of the court ruling.

Resolution for amendment Rep. Frank Corte, R-San Antonio, introduced a resolution calling for an amendment to the state Constitution that would prevent land seizures for primarily economic developmental purposes, and some 100 legislators signed up as co-sponsors. In the upper chamber, state Sen. Robert Deuell, R-Greenville, filed an identical resolution. State Sen. Kyle Janek, R-Houston, filed a separate resolution.

DeLay cited the case of Freeport as an example of municipalities that plan on taking property for economic development purposes.

But Freeport Mayor Jim Phillips said the bills introduced Thursday in the House and Senate would not affect the city's efforts to seize three tracts of land along the Old Brazos River from two seafood companies for an $8 million private marina.

The rallying point In a 5-4 decision earlier this week, the Supreme Court ruled the city of New London, Conn., could use eminent domain proceedings to replace an aging residential neighborhood with a privately constructed development of offices, a hotel and a pedestrian river walkway. Municipal officials said it would increase the tax base.

The owners of the 15 homes the city planned to seize challenged the city unsuccessfully in court.

The case has become a rallying point for conservatives, who have traditionally sought to protect property rights.

But the legislation to curb eminent domain proceedings has also drawn a number of Democrats, such as Rep. Gene Green of Houston, who represent inner-city constituencies fearful of government seizure.

Houston Chronicle reporter Polly Ross Hughes contributed to this report from Austin.

bennett.roth@chron.com


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Texas
KEYWORDS: 109th; cornyn; delay; eminentdomain; freeport; kelo; nelco; propertyrights; souter; texas; turass; tyranny

1 posted on 07/01/2005 1:04:12 AM PDT by YCTHouston
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To: GulfBreeze; MeekOneGOP; anymouse; lentulusgracchus; bgsugar; isthisnickcool; Flyer; ...

Eminent Domain update from congress; some guys might actually get it (Cornyn, DeLay). Wonders never cease.


2 posted on 07/01/2005 1:11:06 AM PDT by YCTHouston (Come and take it.)
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To: WOSG

Fun ED stuff; sorry I forgot you on the first ping.


3 posted on 07/01/2005 1:15:22 AM PDT by YCTHouston (Come and take it.)
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To: YCTHouston

You really think Our Masters in the Supreme Court will be stopped by a mere law, when they have divined otherwise from the Constitution?


4 posted on 07/01/2005 1:19:08 AM PDT by Kozak (Anti Shahada: " There is no God named Allah, and Muhammed is his False Prophet")
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To: YCTHouston

Congress has to pass legislation to enforce an already existing amendment? That's essentially saying Congress recognizes the Constitution as irrelevant so they end up making more redundant laws.

I know this may sound as a novel idea but let's enforce the laws we have by removing those who violate the Constitution!


5 posted on 07/01/2005 1:22:23 AM PDT by Man50D
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To: YCTHouston

How about a constitutional amendment?


6 posted on 07/01/2005 1:22:54 AM PDT by N. Beaujon (http://www.nbeaujon.com)
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To: Kozak

Well, what do courts in the Netherlands say about Eminent Domain?


7 posted on 07/01/2005 1:29:58 AM PDT by YCTHouston (Come and take it.)
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To: N. Beaujon

They just did away with the Fifth Amendment; how about daring them to come and take it?


8 posted on 07/01/2005 1:32:04 AM PDT by YCTHouston (Come and take it.)
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To: YCTHouston


In case folks want to encourage the Weare, N.H., selectmen who have the power to take Judge Souter's house by eminent domain so that it can be replaced by a higher-tax-paying hotel, here are the Selectmen's addresses.





Board of Selectmen in general: office@weare.nh.gov

The Chair is Laura Buono: lbuono@weare.nh.gov

Vice-Chair is Leon Methot: lmethot@weare.nh.gov

Heleen Kurk: hkurk@weare.nh.gov

Joseph Fiala: jfiala@weare.nh.gov

Donna Osborne: dosborne@weare.nh.gov


9 posted on 07/01/2005 1:37:18 AM PDT by B4Ranch ( Report every illegal alien that you meet. Call 866-347-2423, Employers use 888-464-4218)
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To: YCTHouston
The protection of homes, small businesses, and other property rights against government seizure and other unreasonable government interference is a fundamental principle and core commitment of our nation's founders...

Not to mention the rest of us little guys would appreciate some consideration.
10 posted on 07/01/2005 1:40:14 AM PDT by carumba
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To: B4Ranch

Let's all plan our vacations to the Lost Liberty Hotel

http://www.freestarmedia.com/hotellostliberty2.html


11 posted on 07/01/2005 1:47:39 AM PDT by YCTHouston (Come and take it.)
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To: YCTHouston
Eminent Domain update from congress; some guys might actually get it (Cornyn, DeLay). Wonders never cease.

Yeah, I'm surprised at Cornyn. I thought he was the new Phil Gramm. "Whatever Money wants......"

DeLay is showing us that, as a former businessman, he's more conservative and constitutionalist than he is ex-businessman. Interesting. No wonder the Houston Chronicle hates his guts.

12 posted on 07/01/2005 1:48:19 AM PDT by lentulusgracchus ("Whatever." -- sinkspur)
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To: carumba

I've been to the museums; the founders were little guys.


13 posted on 07/01/2005 1:49:16 AM PDT by YCTHouston (Come and take it.)
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To: B4Ranch
I read on another thread that these guys are treating it as a joke......laughing their butts off at us.....

I wonder when they stand for reelection -- if they don't Get It pretty quick, it should be an interesting New Hampshire campaign to follow.

14 posted on 07/01/2005 1:50:09 AM PDT by lentulusgracchus ("Whatever." -- sinkspur)
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To: lentulusgracchus

LG, DeLay was a SMALL businessman. That's the difference. Not all businessmen are out to screw you.

But yes, I am pleasantly surprised by Cornyn. After amnesty, he was due for a good move.


15 posted on 07/01/2005 1:51:02 AM PDT by YCTHouston (Come and take it.)
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To: lentulusgracchus

We are the only ones who can convince them that we are not playing their game anymore.

Want re-election? Then listen to the people.


16 posted on 07/01/2005 1:58:04 AM PDT by B4Ranch ( Report every illegal alien that you meet. Call 866-347-2423, Employers use 888-464-4218)
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To: YCTHouston

Blah blah blah. Just get it done, GOP.


17 posted on 07/01/2005 2:00:54 AM PDT by k2blader (Was it wrong to kill Terri Shiavo? YES - 83.8%. FR Opinion Poll.)
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To: YCTHouston

Yeah, you are right. The founders are big in my eyes. The constitution was inspired and established the liberty we have today. My debt to them is huge. We stand on their shoulders and gaze at an unlimited future. If you travel abroad, when you return here, you can smell the freedom. Take that, any of you intellectuals claiming they were hay seeds tramping manure, unable to appreciate nuance and that some guy like Churchill from Colorado could do better.


18 posted on 07/01/2005 2:12:03 AM PDT by carumba
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To: YCTHouston

The Supreme Court has re-interpretated the Constitution...These are the same people that previously ruled by re-interpretation that the Constitution is a 'living document' meaning it can be changed to fit the times...

Now that they control what the Constitution means, any law they don't like coming from Congress can and will be deemed unConstitutional...

Congress is wasting their time and millions in taxpayer money coming up with new laws to make an end run around the 'new' eminant domain ruling...

Nothing short of impeachment will have any affect...And they're too gutless to try that maneuver...


19 posted on 07/01/2005 2:43:00 AM PDT by Iscool (You mess with me, you mess with the WHOLE trailer park!!!)
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To: Iscool
Nothing short of impeachment will have any affect...And they're too gutless to try that maneuver...

You're right. But they'll waste no time patting themselves on the back for "trying" and telling us they've "earned" our vote.

20 posted on 07/01/2005 2:45:01 AM PDT by k2blader (Was it wrong to kill Terri Shiavo? YES - 83.8%. FR Opinion Poll.)
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To: YCTHouston

Pleaseadd me to this ping list, thank you.


21 posted on 07/01/2005 2:58:09 AM PDT by TXBSAFH (The pursuit of life, liberty, and higher tax revenue (amended by the supreme 5).)
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To: YCTHouston; All
-Men(ace) in Black? SCOTUS goes Rogue...--
22 posted on 07/01/2005 3:22:54 AM PDT by backhoe (-30-)
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To: YCTHouston

Wait 'til Byrd-brain filibusters it in the Senate.


23 posted on 07/01/2005 3:42:44 AM PDT by graycamel
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To: YCTHouston

The folks in Freeport need to grab Mayor Jim Phillips property/properties for redevelopment.


24 posted on 07/01/2005 3:59:26 AM PDT by Gatún(CraigIsaMangoTreeLawyer)
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To: YCTHouston
DeLay cited the case of Freeport as an example of municipalities that plan on taking property for economic development purposes...But Freeport Mayor Jim Phillips said the bills introduced Thursday in the House and Senate would not affect the city's efforts to seize three tracts of land along the Old Brazos River from two seafood companies for an $8 million private marina.

It's intersting that the DeLay bill is carefully crafted to prevent one kind of development...but not others. If the developer is using private funds for his project then the state or municipality can use eminent domain to sieze whatever it wants.

25 posted on 07/01/2005 4:10:25 AM PDT by Non-Sequitur
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To: Man50D
I know this may sound as a novel idea but let's enforce the laws we have by removing those who violate the Constitution!

Ya know, it just seems so stinkin' obvious doesn't it? Instead of executing their DUTY, their RESPONSIBILITY, the very power of their office which WE have entrusted to them for just such causes, they do what they do EVERY SINGLE TIME : "Fire up the presses boys and get that snake oil warmed up".

Our Constitution is bleeding liberty at the hands of our constipated and corrupt Congress.Time for the big hose and some serious flushing. Anything less and we're just giving FASCISM a new party dress.

26 posted on 07/01/2005 4:11:20 AM PDT by Mobilemitter (We must learn to fin >-)> for ourselves..........)
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To: Kozak

Congress works to blunt property seizure ruling (Eminent Domain)

How about an impeachment or two. That would work wonders on the rest of the freeloaders.


27 posted on 07/01/2005 4:20:11 AM PDT by chainsaw
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To: TXBSAFH

I've never been well-organized enough (he scans the piles of paper and books on his desk)to do more than ping the people I know off the top of my head, but will keep you in mind.

Thanks.


28 posted on 07/01/2005 12:40:05 PM PDT by YCTHouston (Come and take it.)
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To: Non-Sequitur

Interesting...I'm no lawyuh (though I was at one time an ED advancing beauracrat), so if you know any good relevant links off the top of your head, feel free to post em.


29 posted on 07/01/2005 12:42:56 PM PDT by YCTHouston (Come and take it.)
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To: Kozak

I hope so! This kind of statute is completely wrong. It's just ridiculous...I almost threw up when I heard it, and I know for a fact that my residence is NOT in jeopardy...just that it COULD be angers me. We need the leadership in Congress (Hastert, Blunt, etc) to get the job done and make it difficult for this to happen. Plain and simple.


30 posted on 07/06/2005 12:15:05 PM PDT by Politics4Fun
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To: YCTHouston

Good post. Thanks for your post. Bump.

As a result of outrage over Kelo vs. New London, Ct., it is great to see Americans so aware of, & energized in defense of, private property rights by addressing threats, this terrible precedent (Kelo v. New London), and becoming aware of the downside of activist Judges. I have been concerned with both of these related issues for about a decade. I even had brief, separate, conversational encounters with two of the "good" Justices (Scalia & Thomas) in the Kelo case about 6 or 7 years ago re: "The Takings Clause" of the 5th Amendment designed to protect private property from arbitrary seizures, but providing for Eminent Domain for certain "public use" (NOT "public purpose") . It was clear they were anxious to see some good cases walk toward them. I doubt if they would have predicted the bizarre outcome in Kelo, though.

For those of us who are deeply concerned with protection of Private Property from improper application of Eminent Domain in contravention of the Original Intent of the Founders in the 5th Amendment's Takings Clause, I am registering a warning or a concern:

I think AG (& potential USSC Nominee) Alberto Gonzales is very weak on Private Property Rights and lacks an understanding of orignainl intent of the 5th Amendment's Takings Clause (Eminent Domain) based both upon some cases when he ws at the texas Supreme Ct. (e.g., FM Properties Operating Co. v. City of Austin, 22 S.W.3d 868 (Tex. 2000))

and, more recently and significantly, upon his NOT having joined in the Kelo case on the side of property owner. My understanding ws that he had sided with the League of Cities against Kelo while WH Counsel.

As some have frequently observed, he certainly believes in a "Living Constitution" and is NOT a strict constructionist or an Originalist, but rather tends toward the Activist side, per National Review Online and others.

He has been sharply critical of Priscilla Owen in some Texas Supreme Ct. decisions when they were both on that Ct. as Justices, and he has been quoted as being sharply criticial fo Janice Rogers Brown, including being quoted by People for the American Way in their ultra-leftist propaganda.


31 posted on 07/07/2005 12:31:02 AM PDT by FReethesheeples (Gonzales iappears to be quite WEAK on Property rights!)
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