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Apology Adds An Epilogue To Kelo Case [eminent domain]
Hartford Courant ^ | September 18, 2011 | JEFF BENEDICT

Posted on 09/19/2011 7:39:57 AM PDT by Daffynition

If a state Supreme Court judge approaches a journalist at a private dinner and says something newsworthy about an important decision, is the journalist free to publish the statement?

I faced that situation at a dinner honoring the Connecticut Supreme Court at the New Haven Lawn Club on May 11, 2010. That night I had delivered the keynote address on the U.S. Supreme Court's infamous 5-4 decision in Kelo v. New London. Susette Kelo was in the audience and I used the occasion to tell her personal story, as documented in my book "Little Pink House."

(Excerpt) Read more at courant.com ...


TOPICS: Business/Economy; Constitution/Conservatism; Government; US: Connecticut
KEYWORDS: eminentdomain; kelo
Synopsis of the Kelo v. New London lawsuit from the great Institute for Justice.


1 posted on 09/19/2011 7:40:05 AM PDT by Daffynition
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To: Daffynition
This is the vacant lot where the home of Susette Kelo once stood, city of New London, CT. Pfizer shut down the plant and moved, leaving weeds, glass, bricks, pieces of pipe and shingle splinters and broken lives.


2 posted on 09/19/2011 7:46:03 AM PDT by Daffynition (“There are no compacts between lions and men, and wolves and lambs have no concord.” ~ Homer)
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To: Daffynition

The Justice did nothing wrong.

Once the case is final, he can comment on whatever is public. Since the filings are public and the decision is public and the speech was public and the case was irrevocably decided, he can say whatever he wants.


3 posted on 09/19/2011 7:53:06 AM PDT by yldstrk (My heroes have always been cowboys)
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To: Daffynition

Just another example of what government will do to you, if left unchecked.


4 posted on 09/19/2011 7:53:38 AM PDT by brownsfan (Aldous Huxley and Mike Judge were right.)
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To: Daffynition

5 posted on 09/19/2011 7:56:03 AM PDT by JoeProBono (A closed mouth gathers no feet)
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To: brownsfan
Just another example of what government will do to you, if left unchecked if you don't shoot a few of them from time to time.

Sorry. But I like my version better. ;-)

6 posted on 09/19/2011 8:00:20 AM PDT by Dead Corpse (For those who fight for it, life has a flavor the sheltered will never know.)
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To: brownsfan
Just another example of what government will do to you, if left unchecked.

As I recall, our "conservative" voices paid zero attention as Kelo was being fought. Liberty doesn't sell adjustable beds.

7 posted on 09/19/2011 8:01:53 AM PDT by Forgotten Amendments (Days .... Weeks ..... Months .....)
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To: Daffynition

That picture sums up the results of the efforts of the govt in most endeavors.


8 posted on 09/19/2011 8:02:21 AM PDT by Scotsman will be Free (11C - Indirect fire, infantry - High angle hell - We will bring you, FIRE)
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To: Daffynition
This (Kelo) has been one of the most infuriating and most frightening decisions in my lifetime. The justice's non-apology has me puzzled. This justice is certainly dancing all around his original decision, as well as his later "apology". His words spoken when walking back his apology to Susette Kelo are truy puzzling:
Whether the Kelo case has led to good statutory law is not a question for me or my court; so long as that law is constitutional, its merits are beyond the scope of our authority.
That coupled with the idea that they don't want to hear from the people affected -- just their attorneys -- makes me question their whole raison d'etre. Does he mean that their decisions are arbitrary? Not to be influenced by potential events? Or by the effects on current residents?
9 posted on 09/19/2011 8:03:07 AM PDT by afraidfortherepublic
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To: brownsfan

I look at it as another instance of Crony Capitalism.


10 posted on 09/19/2011 8:04:06 AM PDT by The Working Man (The mantra for BO's reign...."No Child Left a Dime")
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To: Daffynition
This case is a stain on our legal system and its stench will never go away until justice is truly served and the injured parties made whole.

The real estate wrongly (and I maintain illegally) taken from its owners should be restored to them, their legal expenses repaid and all former owners given formal apologies for the pain and suffering they had to endure.

11 posted on 09/19/2011 8:05:06 AM PDT by GBA
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To: Daffynition

While this had an unhappy ending, I was, briefly involved in the MTOSA case in Long Branch, New Jersey, which had a happy ending. This is the pretty little working class neighborhood on the Jersey Shore that fought off a redevelopment-crazed Mayor and a rapacious developer. They won! Thanks in part to Suzette Kelo, the villianous Supreme Court and some decent people in America who were outraged by this story and fought it tooth and nail.

This is one area that I have found that conservatives, liberals and libertarians can come together. I’ve seen it happen.

Just wanted to put a happy spin on this terrible event in New London.


12 posted on 09/19/2011 8:16:51 AM PDT by miss marmelstein (Run, Sarah, Run! Please!)
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To: JoeProBono

The cartoon makes it look like Pfizers fault.

I don’t know how liable Pfizer is, but the corporation did not take this woman’s home away. The government did. Washington said, government is a force, like fire. Pfizer could have done nothing to this woman without government abuse.


13 posted on 09/19/2011 8:26:05 AM PDT by I still care (I miss my friends, bagels, and the NYC skyline - but not the taxes. I love the South.)
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To: Daffynition

“Had I known all of what you just told us, I would have voted differently.”

If the justice was impartially interpreting the law I can’t imagine what was in his presentation that would have changed the Justice’s vote.


14 posted on 09/19/2011 8:28:06 AM PDT by DManA
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To: afraidfortherepublic

“they don’t want to hear from the people affected — just their attorneys ...”

This reaks ... if the attorney does watch what they say a judge can push the bar to revoke their law license. Nothing like corruption. Keep the sheeple in their huts, out of sight and inaudible.

Most attorney’s don’t give a sh!t about their client, just their clients money.


15 posted on 09/19/2011 8:30:13 AM PDT by George from New England (escaped CT in 2006, now living north of Tampa)
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To: Forgotten Amendments

Speak for yourself. I was all over Kelo at the time and I read plenty of commentaries about it on conservative blogs.


16 posted on 09/19/2011 8:30:31 AM PDT by Sudetenland (There can be no freedom without God--What man gives, man can take away.)
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To: Daffynition

IMHO the Kelo case was the worst decision since Dred Scott.


17 posted on 09/19/2011 8:30:59 AM PDT by SoCal Pubbie
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To: Daffynition

Noticed this in an associated article at the bottom:

Brooke Shields To Star In Movie Based On New London Eminent Domain Case

http://www.courant.com/entertainment/movies/hc-little-pink-house-0913-20110912,0,4912760.story?obref=obnetwork

Yes, they are making a lifetime movie! My guess is the evil corporation will be painted as evil as the government, because we all know which way the network leans. However, I remember when this case was decided I took a trip over to DU and they were just so PUZZLED as to why THEIR half of the court voted against this poor woman. Didn’t the left stand for the poor?

They didn’t get it. The left stands for a powerful government control. DU seemed very confused.


18 posted on 09/19/2011 8:31:48 AM PDT by I still care (I miss my friends, bagels, and the NYC skyline - but not the taxes. I love the South.)
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To: I still care
Pfizer's Role in Kelo Takings:
19 posted on 09/19/2011 8:37:18 AM PDT by JoeProBono (A closed mouth gathers no feet)
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To: Sudetenland
Speak for yourself. I was all over Kelo at the time and I read plenty of commentaries about it on conservative blogs.

"Blogs"! Where was talk radio? Fox News? Gay marriage was the big SCOTUS case for them. Kelo wasn't mentioned by them, or any politicians until after the verdict. Frankly, I think it's because the GOP establishment was all for it.

20 posted on 09/19/2011 8:46:26 AM PDT by Forgotten Amendments (Days .... Weeks ..... Months .....)
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To: brownsfan
Some more images taken by a private person, of the barren site of the Kelo house. A dark time in Connecticut history.
21 posted on 09/19/2011 9:00:22 AM PDT by Daffynition (“There are no compacts between lions and men, and wolves and lambs have no concord.” ~ Homer)
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To: JoeProBono
thanks, for the information / thread / post.
Sarah Palin, was / is Right....
Crony Capitalism IS Evil.
no matter who profits.

22 posted on 09/19/2011 9:01:05 AM PDT by skinkinthegrass (I can take tomorrow, spend it all today. Who can take your income, tax it all away. Obama Man can. :)
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To: Forgotten Amendments
The Institute for Justice fought the good fight. They were there the whole way.
23 posted on 09/19/2011 9:07:43 AM PDT by Daffynition (“There are no compacts between lions and men, and wolves and lambs have no concord.” ~ Homer)
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To: JoeProBono

Yep. just as its tax breaks are set to expire, Pfizer left town. $80 million in taxpayer money up in smoke. No one took the fall for this debacle.


24 posted on 09/19/2011 9:11:37 AM PDT by Daffynition (“There are no compacts between lions and men, and wolves and lambs have no concord.” ~ Homer)
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To: SoCal Pubbie

The government took land from the settlers (farmers) to give to the railroad companies in the 1800s. If I remember my history correctly, the government gave the companies miles on either side of the tracks.


25 posted on 09/19/2011 9:19:41 AM PDT by Hiddigeigei ("Talk sense to a fool and he calls you foolish," said Dionysus - Euripides)
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To: Hiddigeigei
At least in that case the railroads were considered “public” transportation routes, like highways. They are highly regulated and almost like public utilities. It can be argued that railroads provide a vital public service.

The Kelo decision means that government can force you to sell your home so that a private yacht club or golf course can be built. The justification is that more tax revenues can be raised. It was criminal, IMHO.

26 posted on 09/19/2011 9:34:07 AM PDT by SoCal Pubbie
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To: Hiddigeigei

If I remember my history correctly, the government gave the companies miles on either side of the tracks.””’

The railroads got sections of land, in a checkerboard manner, so that settlers could have places to grow. Settlers could also buy land from the railroad.

Pushing the railroad had a multi-useful ending. People & businesses went west. Cattle were trucked east to larger markets.

Of course, the cattle had to be driven to the railheads from the ranches first, & that is the basis for the TV series “Rawhide”.


27 posted on 09/19/2011 9:36:41 AM PDT by ridesthemiles
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To: Daffynition
The Institute for Justice fought the good fight.

Absolutely! They're a wonderful group. They deserve everyone's support.

28 posted on 09/19/2011 9:40:21 AM PDT by Forgotten Amendments (Days .... Weeks ..... Months .....)
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To: Daffynition
"Those comments," he wrote, "were predicated on certain facts that we did not know (and could not have known) at the time of our decision and of which I was not fully aware until your talk — namely, that the city's development plan had never materialized and, as a result, years later, the land at issue remains barren and wholly undeveloped." He later added that he could not know of those facts "because they were not yet in existence."

This is exactly what was wrong with the Kelo decision.

The Justice says "he could not know of those facts 'because they were not yet in existence.'" I would argue that those weren't "facts," they were speculation, precisely because they hadn't occured yet.

What the justices did with Kelo was take a certainty in the property taxes owed by current property owners and trade it for the speculation of future higher property taxes promised by new property owners, and then call this a "public good" as a subset of "public use," the actual phrase from the Fifth Amendment.

The Justices might as well have rolled the dice and call it Constitutional.

-PJ

29 posted on 09/19/2011 10:02:48 AM PDT by Political Junkie Too (Everyone's Irish on St. Patrick's Day, Mexican on Cinco de Mayo, and American on Election Day.)
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To: Daffynition
In other words, this POS kritocrat just admitted that the Stat Constitution was less relevant than the narrative.

30 posted on 09/19/2011 10:44:04 AM PDT by rmlew ("Mosques are our barracks, minarets our bayonets, domes our helmets, the believers our soldiers.")
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To: Political Junkie Too

The Palmer comment is like spitting into the wind.

Instead of using a crystal ball, in the case, maybe, just maybe if they followed the Constitution, Kelo and her neighbors wouldn’t have been so screwed.


31 posted on 09/19/2011 12:44:52 PM PDT by Daffynition (“There are no compacts between lions and men, and wolves and lambs have no concord.” ~ Homer)
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To: GBA

Sadly, the land was used recently as a dump after tropical storm Irene. Talk about adding insult to injury.


32 posted on 09/19/2011 12:47:47 PM PDT by Daffynition (“There are no compacts between lions and men, and wolves and lambs have no concord.” ~ Homer)
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To: I still care

The NLDC is some quasi-public group of developers using funds, loosey-goosey. They, and it’s head the sleezey Michael Joplin, are the ones that should be taking the heat for this travesty.Joplin and the NLDC had the power to undertake acquisitions for redevelopment where the taking agency transfers title to the property taken to a designated developer for redevelopment with a project which benefits the private developer, and indirectly the city, with new tax revenues and construction.

I have my doubts if this movie will give all the facts accurately. Wonder who will play Michael Joplin? .... it would have to be the sleaziest , dirtiest character actor you could cast.


33 posted on 09/19/2011 1:02:55 PM PDT by Daffynition (“There are no compacts between lions and men, and wolves and lambs have no concord.” ~ Homer)
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To: SoCal Pubbie; ridesthemiles

I’m not saying that the building of the railroads was a bad thing.
But a corrupt congress took land that had already been settled and gave it to the railroad companies (private enterprises just like Pfizer drugs); railroads that were largely financed by British capitalists. Corrupt congressmen got paid off, and the settlers got shafted. There are letters to congressmen in the Library of Congress voicing the settlers complaints.


34 posted on 09/19/2011 6:18:41 PM PDT by Hiddigeigei ("Talk sense to a fool and he calls you foolish," said Dionysus - Euripides)
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