http://www.freerepublic.com/tag/kelo/ en-us Mon, 30 Jun 2008 22:14:41 GMT Focus Forum 15 http://www.freerepublic.com/focus/f-news/2038815/posts Governor Vetoes Eminent Domain Legislation Override Sought as Lawmakers Enter Final Day of Session Governor Minner has vetoed legislation which would have placed tight restrictions on when a government could resort to the use of eminent domain to confiscate property. Legislation passed in the General Assembly last week would have kept a government from using eminent domain to promote economic development. Businesses near the Wilmington riverfront have been concerned that the city wants to take their property to keep development moving forward. Some of those property owners will be on hand to urge lawmakers to override the Governor's veto. Lawmakers... 1450 WILM http://www.freerepublic.com/focus/f-news/2038815/posts#comment Mon, 30 Jun 2008 22:14:41 GMT http://www.freerepublic.com/focus/f-news/2036125/posts In her two great works--The Death and Life of Great American Cities and The Economy of Cities—Jane Jacobs explained that effective economic development and urban renewal arise from the bottom up as the product of thousands of enterprises and people working on their own without a master plan, rather than from the top down, as planned by politicians or bureaucrats. The vibrancy and diversity of city markets and neighborhoods lie in “the creation of incredible numbers of different people and different private organizations, with vastly differing ideas and purposes, planning and contriving outside the formal framework of public action,” she... Real Clear Markets http://www.freerepublic.com/focus/f-news/2036125/posts#comment Wed, 25 Jun 2008 13:56:21 GMT http://www.freerepublic.com/focus/f-news/2026219/posts Proponents of Prop. 98 Respond to Election Outcome Vow to Work on Legislative Solution to End Eminent Domain Abuse Sacramento, CA - Jon Coupal, president of the Howard Jarvis Taxpayers Association, issued the following statement on the outcome of the Election. "Since the U.S. Supreme Court's Kelo v. New London decision in 2005 more than 40 states have passed reforms that would prohibit government from profiting by seizing private property and giving it to politically connected developers. Prop. 98 was the only measure on the ballot that addressed the Kelo decision by providing comprehensive protections to all private property and... Yes On Prop 98 website http://www.freerepublic.com/focus/f-news/2026219/posts#comment Thu, 5 Jun 2008 01:33:05 GMT http://www.freerepublic.com/focus/f-news/2019703/posts Both would load up the state constitution to attack a problem that just doesn't exist - It's back. Yet another initiative – Proposition 98 – is on the ballot masquerading as "eminent domain" reform and trying to scare people with the prospect that their homes might be "taken" by the government.Yet Proposition 98 is really about a sweeping agenda to lard up the California Constitution to end forever the ability of local governments to enact rent control or affordable housing ordinances, to set rules that set liquor store hours or to require developers to pay fees to build schools.In Sacramento,... Sacramento Bee http://www.freerepublic.com/focus/f-news/2019703/posts#comment Thu, 22 May 2008 14:58:15 GMT http://www.freerepublic.com/focus/f-news/2022966/posts In the battle over two state propositions on Tuesday's ballot that would restrict government seizure of private property, nearly a majority of California voters support the more limited Proposition 99 while giving thumbs down to Proposition 98, which would abolish rent control, according to a Field Poll released today. A survey of 660 likely voters conducted May 17-26 found 48 percent favoring Prop. 99, with 30 percent opposed and 22 percent undecided, according to the poll results. Those supporting Prop. 98 stood at 33 percent, with 43 percent opposed and 24 percent undecided. Field Poll Director Mark DiCamillo said he'd... San Francisco Chronicle http://www.freerepublic.com/focus/f-news/2022966/posts#comment Thu, 29 May 2008 14:57:19 GMT http://www.freerepublic.com/focus/f-news/2000988/posts I never imagined that in America, I could be sued for speaking about politics. My ordeal began in early 2006 when my husband, Wes, and I heard about a petition being circulated seeking to annex our unincorporated neighborhood ... We researched the issue and decided that the extra layer of government wouldn't provide better services, while our sales tax would skyrocket. We'd be paying more for less. We own a print shop, so Wes used some scraps and made a couple of yard signs. One said "No Annexation" and the other said "Annexation Is A Permanent Tax Increase." We planted... Rocky Mountain News http://www.freerepublic.com/focus/f-news/2000988/posts#comment Sun, 13 Apr 2008 18:02:40 GMT http://www.freerepublic.com/focus/f-news/2018646/posts In 2005, the U.S. Supreme Court upheld a Connecticut city's right to seize through eminent domain the waterfront homes of long-time residents for private development. The court held that, like the construction of schools and roads, economic development itself constitutes a "public use" under the Fifth Amendment. Both liberals and conservatives were outraged. As dissenting Justice Sandra Day O'Connor wrote, "The specter of condemnation 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." Some 40 states responded by passing... San Francisco Chronicle http://www.freerepublic.com/focus/f-news/2018646/posts#comment Tue, 20 May 2008 15:02:32 GMT http://www.freerepublic.com/focus/f-news/2018185/posts The U.S. Supreme Court created a huge political backlash when it ruled that local governments could use eminent domain to seize private property and transfer it to other private owners for "economic development." Since the Kelo ruling in 2005, 42 states have enacted limitations on eminent domain — not always effective ones. But like lawmakers in many other states, some California officials are trying to block real eminent domain reform. On June 3, Californians will vote on Proposition 99, a ballot initiative sponsored by groups representing cities, counties, redevelopment agencies and other pro-condemnation interests. It purports to protect property rights... The Cato Institute http://www.freerepublic.com/focus/f-news/2018185/posts#comment Mon, 19 May 2008 18:03:57 GMT http://www.freerepublic.com/focus/f-news/2012199/posts The Dirty Dozen By Robert A. Levy and William Mellor (Sentinel, 302 pages, $25.95) Town fathers of Norway, take note. You have a new adversary in Ellen Anderson. Ms. Anderson is the Minnesota state senator who is pushing legislation to freeze foreclosures on homes with subprime mortgages in the name of "protecting the American dream." The economic chill from such a move – and from other attempts to protect "the American dream" from mortgage meltdown – would likely be felt around the world by pension plans, banks and municipalities that have invested in mortgage-backed securities. As it happens, a number... Wall Street Journal http://www.freerepublic.com/focus/f-news/2012199/posts#comment Tue, 6 May 2008 23:12:40 GMT http://www.freerepublic.com/focus/f-news/2009013/posts The View - Yes on Prop. 98/No on Prop. 99 - The Battle to Restore Private Property Rights Since California has failed to join more than 40 states in reforming its eminent domain statutes, a diverse group of business, farm and taxpayer organizations have taken a leading role in restoring private property protections for California business property by qualifying Proposition 98, the California Property Owners and Farmland Protection Act, for the June 2008 ballot. It is well documented that business owners are the most common victims of eminent domain abuse because of local governments' appetite for sales tax revenue to... California Real Estate Journal http://www.freerepublic.com/focus/f-news/2009013/posts#comment Wed, 30 Apr 2008 05:57:35 GMT http://www.freerepublic.com/focus/f-news/2009014/posts Big Government types and Prop 99 All you really need to know about the two eminent domain propositions on the June 3 ballot, 98 and 99, is that Proposition 99 is being touted by politicians and other government types as the real solution to government intrusion on private property ownership. Among them are the usual suspects, including California Sen. Dianne Feinstein and California Gov. Arnold Schwarzenegger, both of whom believe in Big Government, and both of whom describe Proposition 98 as a hindrance to solving such state problems as water quality and supply. Feinstein, in a release at the end... Victorville Daily Press http://www.freerepublic.com/focus/f-news/2009014/posts#comment Wed, 30 Apr 2008 05:57:43 GMT http://www.freerepublic.com/focus/f-news/2004935/posts Editorial: Prop. 98 protects private property rights June election is coming: Vote yes on Prop. 98, for real eminent-domain reform, and no on Prop. 99, which is designed to stop such reform. The campaigns for Propositions 98 and 99 on the June 3 ballot are getting heated, and it would be no surprise if most California voters are confused by the two eminent domain-related measures. As often occurs in political campaigns, one side or the other misrepresents the purpose of its initiative. For instance, Prop. 99's supporters claim that the measure will stop eminent domain abuses that have become well... Orange County Register http://www.freerepublic.com/focus/f-news/2004935/posts#comment Mon, 21 Apr 2008 23:06:29 GMT http://www.freerepublic.com/focus/f-news/1996059/posts One of the most important Constitutional questions in the history of our Republic might be decided over a few acres of rat infested railroad yards in Brooklyn and a handful of doughty home owners who like living nearby. The question is whether the Constitution permits a developer to seize the property of the few residents continuing to live in the footprint of the proposed Atlantic Yards development near downtown Brooklyn. The question is now pending before the Supreme Court of the United States because, as our Joseph Goldstein reported yesterday at Page 1, more than a dozen plaintiffs, including three... NY Sun http://www.freerepublic.com/focus/f-news/1996059/posts#comment Thu, 3 Apr 2008 14:36:54 GMT http://www.freerepublic.com/focus/f-news/1990768/posts In June 2005, the Supreme Court rendered its infamous Kelo v. New London decision. The Court’s 5-4 majority, despite the clear language of the Fifth Amendment, decided that “public use” (roads, bridges, etc.) really means “public purpose” (anything the government wants). In the absence of state or local laws to the contrary, the ruling in effect green-lighted whimsical use of the government’s power of eminent domain nationwide. What has happened in New London, Connecticut since the Kelo ruling is an object lesson in why the Supremes were wrong. Pajamas Media http://www.freerepublic.com/focus/f-news/1990768/posts#comment Mon, 24 Mar 2008 17:50:21 GMT http://www.freerepublic.com/focus/f-news/1986164/posts A dispute over the proper valuation of 10 acres of property in Eisenhower Valley has two of the city’s oldest families and the Sanitation Authority pitted against each other, with the sellers asking for $40 million and the city holding out for $10 million less. The Hoof-Fagelson Tract, formerly a go-kart track that now serves as a maintenance parking lot for Thrifty Rent-A-Car, is landlocked on one side by Carlyle development, and on the other side by I-495. While the tract sits next to Alexandria’s Waste Treatment facility, it also adjoins a proposed $150 million office and retail development at... The Alexandria Times http://www.freerepublic.com/focus/f-news/1986164/posts#comment Sat, 15 Mar 2008 15:23:51 GMT http://www.freerepublic.com/focus/f-news/1985930/posts If David Paterson as governor displays the opposition to eminent domain that he showed as a state senator, several high-profile development projects in New York City could be derailed or delayed, including a Columbia University expansion, the Atlantic Yards project in Brooklyn, and the transformation of Willets Point in Queens. As a state Senate leader, Mr. Paterson in 2005 held a rally with Council Member Letitia James and state Senator William Perkins on the steps of City Hall during which he called for a statewide moratorium on the use of eminent domain. Mr. Paterson said a decision handed down by... NY Sun http://www.freerepublic.com/focus/f-news/1985930/posts#comment Sat, 15 Mar 2008 00:42:43 GMT http://www.freerepublic.com/focus/f-news/1980376/posts REFUGIO, Texas - With an abandoned Wild West-vintage town of storefronts slumbering just a block from old US 77, tiny Refugio is a place where myth and reality coexist in a ghostly silence. more stories like this Obama faces heat over aide's NAFTA remarks to Canadians Texas, Ohio could decide Dem nomination Canada says didn't misrepresent Obama over NAFTA McCain tags Dems on trade treaty NAFTA seen differently in Ohio, Texas And now this South Texas outpost is swept up in one of the more intriguing tests of myth vs. reality in today's political life: the battle over the so-called... The Boston Globe http://www.freerepublic.com/focus/f-news/1980376/posts#comment Tue, 4 Mar 2008 21:28:23 GMT http://www.freerepublic.com/focus/f-news/1978816/posts Propositions that are on the June 3, 2008 Statewide Direct Primary Election Ballot Initiative Constitutional AmendmentProposition 98 1248. Government Acquisition, Regulation of Private Property. Constitutional Amendment. Proponents: Doug Mosebar, Jon Coupal and Jim Nielsen Bars state and local governments from condemning or damaging private property for private uses. Prohibits rent control and similar measures. Prohibits deference to government in property rights cases. Defines “just compensation.” Requires an award of attorneys fees and costs if a property owner obtains a judgment for more than the amount offered by the government. Requires government to offer to original owner of condemned property... California Secretary of State http://www.freerepublic.com/focus/f-news/1978816/posts#comment Sat, 1 Mar 2008 16:20:57 GMT http://www.freerepublic.com/focus/f-news/1976216/posts One major concern I discussed a few weeks ago regarding the Trans Texas Corridor is where the land will come from. Another concern is where the money will come from. Official government websites for the TTC assure that public-private partnerships will shield the taxpayer from bearing too much of the cost burden, but a careful reading shows the door is definitely open to public funding sources, while at the same time there is no doubt of the intention to charge tolls on the road. Taxpayers already pay for their transportation system through hefty gasoline taxes, vehicle registration fees, and other... Gather.com http://www.freerepublic.com/focus/f-news/1976216/posts#comment Tue, 26 Feb 2008 01:18:30 GMT http://www.freerepublic.com/focus/f-news/1971420/posts EL CALABOZ, Tex. -- In the 240 years since the Spanish Crown granted Eloisa Tamez's colonial ancestors title to this flat, grassy expanse along the Rio Grande's northern bank, her family has steadily lost its holdings...Now Tamez faces what could prove the final blow: The Department of Homeland Security has proposed building a section of the U.S-Mexico border fence mandated by Congress directly through the last three acres of the family's original 12,000-acre tract. But the 72-year-old nursing professor has a message for government officials who expect her to leave. "I'm not going down without a fight," Tamez said..., Across... Washington Post http://www.freerepublic.com/focus/f-news/1971420/posts#comment Sat, 16 Feb 2008 15:44:43 GMT http://www.freerepublic.com/focus/f-news/1968065/posts (AP) When 70-year-old Betty Perry was accused of neglecting her lawn, she became defiant. Perry was arrested, handcuffed and briefly jailed in July for declining a ticket for failing to water her lawn. She agreed on Friday to resolve her case by pleading guilty to a disorderly conduct charge and paying a $100 fine. She also faces six months of probation. Perry was scheduled to go to trial Monday on a more serious charge of resisting arrest for refusing to give her name, accept a citation or allow herself to be handcuffed on her front steps. "She ends up with... CBS NEWS http://www.freerepublic.com/focus/f-news/1968065/posts#comment Sun, 10 Feb 2008 15:39:07 GMT http://www.freerepublic.com/focus/f-news/1961672/posts BELLVILLE — In what is becoming a regular occurrence in Southeast Texas, more than 1,000 Austin County residents and interested outsiders jammed a county fairgrounds exhibit hall Monday night to let a panel of state transportation officials know that the Trans-Texas Corridor was not welcome here. State Rep. Lois Kolkhorst, R-Brenham, opened the public remarks to thunderous applause when she told the panel, "You all thought I was crazy in Austin when I said my people don't want it and I don't want it." The panel, which included Texas Department of Transportation Executive Director Amadeo Saenz and Deputy Executive Director... Houston Chronicle http://www.freerepublic.com/focus/f-news/1961672/posts#comment Tue, 29 Jan 2008 23:50:52 GMT http://www.freerepublic.com/focus/f-news/1957389/posts Leaders in a small Texas border city said Wednesday that they felt blindsided after learning that a judge had ordered public land turned over temporarily to the federal government as it works on a fence along the border with Mexico. U.S. District Judge Alia Moses Ludlum ordered Eagle Pass to surrender 233 acres of city-owned land. The Justice Department had sued for access to the land Monday. Ludlum's ruling came the same day, before the city could muster a challenge. The Homeland Security Department is trying to build 370 miles of border fence by the end of the year. A... Los Angeles Times http://www.freerepublic.com/focus/f-news/1957389/posts#comment Tue, 22 Jan 2008 02:49:30 GMT http://www.freerepublic.com/focus/f-news/1955513/posts CARTHAGE — James Mason doesn't want a new highway cutting him off from his property. James Boggs wants to keep American jobs here. They were just a sample of about 140 residents who asked, commented and listened during a public forum with state transportation leaders Wednesday night in Carthage. It was the second of several forums scheduled along the Interstate 69/Trans-Texas Corridor, a proposed superhighway that likely will parallel U.S. 59 from Texarkana to the Mexican border. "We haven't done a very good job of (communicating) in the past," said Steve Simmons, deputy executive director of Texas Department of Transportation.... Longview News-Journal http://www.freerepublic.com/focus/f-news/1955513/posts#comment Fri, 18 Jan 2008 02:42:18 GMT http://www.freerepublic.com/focus/f-news/1951025/posts After months of protesting Columbia’s smoking ordinance and spearheading a failed campaign to have it repealed, Joel Thiel, co-owner of Otto’s Corner Bar & Grill, said he decided this week to close doors for good. Julia Robinson photos Above, Brett Wisman, left, and Kristal Allen smoke cigarettes after dinner last night at Otto’s Corner Bar & Grill in downtown Columbia. Below, Otto’s co-owner Joel Thiel works yesterday in the restaurant. Otto’s will close next week, a move Thiel blamed on the city’s smoking ban. He said sales have been down 30 percent since the ban took effect in January. "Our... Columia Tribune http://www.freerepublic.com/focus/f-news/1951025/posts#comment Wed, 9 Jan 2008 21:50:08 GMT