Skip to comments.Eminent domain abuse - it could happen to you
Posted on 01/21/2006 6:12:26 AM PST by seanmerc
Date: January 20, 2006 From: Jerry Falwell
EMINENT DOMAIN KNOCKING ON CHURCHS DOOR
I learned this week that a small Baptist church in Oklahoma is at risk of losing its place of worship because it sits on a site where city leaders want to build a shopping plaza.
This eminent domain business is getting serious.
Since the U.S. Supreme Courts Kelo ruling last year, we are facing a brand new ballgame in terms of private property and what that term really means.
For the Rev. Roosevelt Gildon, pastor of the Centennial Baptist Church in Sand Springs, Okla., eminent domain is threatening to tear his church apart.
Ive never met Rev. Gildon or Rosey, as his friends call him but as a pastor of nearly 50 years, I can imagine the feeling of helplessness this man must be feeling. Hes been leading the flock for seven years at the church. And now the congregation is looking to their shepherd for answers, with government officials threatening to take the church property.
Government officials in Sand Springs have told Rev. Gildon they will be seizing the church property in order to build a super center.
This is an alarming development, one that should send shivers down the spine of any pastor reading this column.
In the Kelo case, a group of Connecticut homeowners chose not to accept a corporations offers so that a business area could be developed. So the city council authorized the corporation to acquire properties within the designated area. When homeowners refused the offers, the development corporation voted to use eminent domain to acquire the properties, even though the owners were averse to selling.
Following a trial, the case was appealed to the state supreme court, which determined that the use of eminent domain for economic development doesnt violate public use clauses of the state and federal constitutions. Appeals failed to protect the rights of the property owners.
We are now seeing that economic development is more powerful than personal property rights or church rights, in the case of Centennial Baptist Church.
In a National Review Online (nationalreview.com) article titled Unholy Land Grab, Heather Wilhelm reported that this church property takeover is unnecessary.
The way things are now, Centennial Baptist Church could easily live side-by-side with new stores, houses, or businesses, Ms. Wilhelm wrote. Yet Centennial remains in the crosshairs even though two nearby national chains, a taxpaying McDonalds and a taxpaying OReillys muffler shop, have been left alone.
She also reported that Centennial is not run down; in fact, she reports that the building is like new and fully functional. So this isnt a case of city officials getting rid of a dilapidated old church.
Rev. Gildon has now coalesced with Americans for Limited Government and Oklahomans in Action to fight the takeover bid of his church.
Im no lawyer, but maybe the federal Religious Land Use and Institutionalized Persons Act or 2000 (RLUIPA) can provide protections for Rev. Gildons church. RLUIPA is a federal statute that provides stronger protection for religious freedom in terms of land use. The statute has been beneficial in halting discriminatory zoning laws that target churches across the nation.
In the meantime, my prayers are with Rev. Gildon and his congregation. They should be afforded the right to remain at their present location so that they can serve God and fully minister to their community. Let the money-hungry corporate big boys either build around the church or move on to another locale.
Please provide a working link for this. Thanks.
America's founders would have taken up arms against the Supreme Court's interpretation. Americans deserve what they tolerate.
"Private" is not a word in the US Constitution.
Property. Property can now be taken from you by government and given to another person for a (undefined) public purpose.
America, where are you?
I would ordinarily have done so, but this is the body of an e-mail I received from The Moral Majority Coalition. It is not from a web page. Sorry for any confusion I may have created!
It is the truth. Oy vey.
As soon as the Kellog decision was published, I posted here that the key concept was this: The USSC has rewritten the fifth amendment to say "public purpose" rather than "public use".
The robed rascals have amended the Constitution without having to get 2/3 or 3/4 votes anyplace. And the people are, like, "Whoa man, those poor people, losin' their homes like that. Hey, pass me a beer, will ya? CSI's about to start."
What ever happened to the man who wanted to take the SCOTUS judges house in like NH, and change it into a hotel with a restaurant called ' just desserts '???????????
There's only five members on my town council.
I wouldn't even have to reload.
They submitted enough petition signatures - only 25 were needed - to bring the matter before voters in March. This weekend, they're descending on Souter's hometown, the central New Hampshire town of Weare, population 8,500, to rally for support.
"This is in the tradition of the Boston Tea Party and the Pine Tree Riot," Organizer Logan Darrow Clements said, referring to the riot that took place during the winter of 1771-1772, when colonists in Weare beat up officials appointed by King George III who fined them for logging white pines without approval.
I'm wanting to keep up with Souter's home/cottage being condemned.
The matter goes to voters on March 14.
January 21, 2006
To: RNC Chairman Ken Mehlman
Subject: The return of my 2006 RNC Membership Card
It is with deep regret that I find myself writing this letter to you.
I did in fact receive my 2006 RNC Membership Card. I will not be renewing my membership and I am returning the card to you. If you care about the why, then please read this entire letter.
When I pulled the lever for our current President in the elections of 2000 and 2004, this is what I thought I was voting for.
I am at odds with certain aspects of the Patriot Act with regards to the access of all types of records and data that may be private and none of this governments business.
Equally appalling is the attempt of this government to access Googles database.
Dont bring the War on Terror into this, you had all the info in the world to nail the 911 hijackers, but the size of the bureaucracy prevented this government from doing so.
Equally disappointing is the bungling of communication that occurred during Katrina. I am not holding the Federal Government responsible for the suffering, but I am making the point that the more you grow the federal Government the less it will actually be able to accomplish.
A Reduction of Taxes and Simplification of the Tax Code
Although some progress has been made on tax relief overall the tax code as we know it is a mess. Lets move to the Fair Tax specified by Congressman Linder and Libertarian Neil Boortz. This will go along way in helping remove the lobbyist influence over our tax code in addition to trapping a lot of currently uncollected revenue.
Giving in to the WTO with regards to expiring export taxes is a joke. What happened to a level playing field? How can the exporters of domestic services and goods compete when you tie their hands behind their backs? How can you encourage investment state side with policies like that?
Adherence to the US Constitution and Working to Up Hold its Values!
U.S. Constitution Excerpt
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The campaign finance law passed under this administration was an direct assault to our Constitution. This must be reviewed and repealed.
U.S. Constitution Excerpt
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.
The illegal immigration problem is at critical mass, but our President refuses to act forcefully in concurrence with our Constitution.
U.S. Constitution Excerpt
Nor shall private property be taken for public use, without just compensation.
No greater assault on the Constitution and the ownership of private property can be seen than the Kelo decision. Where is the outrage from our supposedly Conservative controlled congress and Senate about this horrendous decision? What about the Ownership Society that is so often talked about in the halls of Washington? I cannot even convey the utter disappointment I feel over this.
A Strong Military
I do support the President on Afghanistan and Iraq, but do not support more butter than guns. Being able to afford a couple of hundred state of the art fighters is a far cry from where President Ronald Reagan had us a mere 20 years ago.
Please, lets not even go there. The only thing that kept things pointed in what appears to be the correct direction is Alan and the printing press. You want proof? Look at the price of gold and energy; they are the real international currency, not the dollar. The current administration and the previous one of Clinton did and are still living off of the economy and military of a real Conservative!
In closing, yes the Administration has done a good job in the Middle East and twenty years from now will probably be seen as a brilliant move in bring democracy there. I just hope we will be as free here at home.
If you need money to fund your mid term elections I suggest you go talk to the people the listed organizations below, because they seem to know what a Conservative should stand for. They are also getting all of my available funds in the future that is if the RNC does not change course.
Minute Man Project
The Gun Owners Association
United States Senate Candidate, John Mitchel (To replace the RINO Dewine)
Ohio State Gubernatorial Candidate, Kenneth Blackwell
National Right to Life Association
P.S. This may not be fact, but it is how I feel. You guys on the hill do not give a rats arse about the Constitution or the Sons or Daughters of this Nation. The only thing that seems to matter is the amount of cash that can be jammed in the coffers and pleasing the One Worlders and I for one am sick of it.
Conservatives ought to shoot down this attempt to cut a back-door separate truce, and demand protection for ALL property owners against eminent domain abuse.