Meanwhile, as We Fight for Freedom Abroad…
June 23rd, 2005 at 1:09 pm by Preston Taylor HolmesThe tyrannical judiciary that runs our country continues to take away our freedoms at home.
SCOTUS ruled today that cities and other local municipalities may seize PRIVATE PERSONAL PROPERTY if that city or municipality decides that such a seizure serves a broadly defined “public use”.
I’m sure you’ve heard about eminent domain abuse – if you’ve listened to Neal Boortz for any time at all, you are probably familiar with several eminent domain abuse cases. SCOTUS ruled today on just such a case in New London, CT, effectively overturning the Fifth Amendment to the United States Constitution. A Constitutional refresher:
In the New London case, the owners of the homes who were getting driven out by the city weren’t interested in selling at any price.
The Fifth Amendment also requires “just compensation” for the owners, but that was not an issue in the case decided today because the homeowners did not want to give up their property at any price.
So the message from the Low Court is “you don’t wanna sell, then we take anyway, get your asses off the property!”
And what was the “public use” that was so important that these people have to have their homes seized?
So the bullies with the cash, in conjunction with a court that loves nothing more than complete governmental control of everything it can get its hands on, have been given the legal go-ahead to take a shit on these property owners.
At least Justice John Paul Stevens was willing to spell it out so that it’s exceedingly clear: cities who want more tax revenue are now legally allowed to take any property they wish, no matter who owns that property. If the city says $15,000 is a “fair” price for your $100,000 home, what are you going to do about it? Nothing, that’s what.
Surprisingly, Justice Sinead O’Connor landed on the right side of this one:
“Today the Court abandons this long-held, basic limitation on government power,” she wrote. “Under the banner of economic development, all private property is now vulnerable to being taken and transferred to another private owner, so long as it might be upgraded — i.e., given to an owner who will use it in a way that the legislature deems more beneficial to the public — in the process.”
If you’re a big-government leftist who doesn’t mind losing the right to own private property, then bully for you. For the rest of us, this is a catastrophic attack on individual liberty by one of the biggest opponents of personal freedom we have today – the Supreme Court.
UPDATE:
The Commissar has a good round up of reaction. It’s too early to tell whether or not the Commissar is chillin’ regarding this ruling – I will let you know as that news breaks.
A monster-sized roundup at Arguing With Signposts where they’ve been going at it all afternoon.
SEMI-RELATED:
Developers use Eminent Domain to acquire White House, George and Laura to be evicted forthwith.
June 23rd, 2005 at 1:49 pm
If the city says $15,000 is a “fair� price for your $100,000 home, what are you going to do about it? Nothing, that’s what.
I agree with you that the expansion of the definition of “public use” is disturbing as hell. On the other hand, the homewoners can still slug it out on the issue of “just compensation.” Of course, you usually will have to hire an attorney and an appraiser, but a court, not the city, state or other governmental entity that takes the property, will utlimately determine “fair value” if the government isn’t paying you what you reasonably believe it should be paying. Not that this makes taking my home to make way from some drug company’s research lab any less tough to take. Almost ANY commercial project will “increase tax revenue” over what a residence will generate, so where does this end?
June 23rd, 2005 at 1:57 pm
That’s the question, Kevin. This just opens the door for a wide ranging host of definitions of both “public use” and “just compensation”. How is it going to end? I’m pretty damn sure it’s going to end badly – the more latitude that government has to run roughshod over our personal liberties the quicker those liberties are going to disappear. The GOP will align themselves with the big $$$ and the Libs love the increased tax revenues for their ever-expanding government “progrums”. Once again, we’re left without a line of defense against government – especially after the courts give the green light to confiscation of private property. I’m afraid, once again, we’re fucked.
June 23rd, 2005 at 2:56 pm
Fascism From the Left
While Republicans are continually assailed as the Nazis, Fascists, compared to Hitler and the like, the Left quietly sneaks in and does in one fell swoop what they blame on the Party of Lincoln.
June 23rd, 2005 at 5:44 pm
As an employee of the feddle gubmint, I am hereby confiscating this blog and all traffic herein. I’ll give you fitty cents for it.
June 23rd, 2005 at 6:51 pm
Cruisin’ my way through Blogistan!
You almost had me Rusty… Almost. LMAO! Another crazy online video! More to come…. Diaper changing Break! Dont let the Ministry of Propaganda sieze PBS! Shabooty, that is just sick… Sick I tell ya! Tom Cruise is GAY? Say it…
June 23rd, 2005 at 8:55 pm
newsflash – Developers Use Eminent Domain to Acquire White House
http://armedvictim.blogspot.com/
June 23rd, 2005 at 9:51 pm
How did this happen?
I am hearing nearly universal condemnation and outrage over the SCOTUS decisison in Kelo v. New London. What leads me to believe that this story has real “legs” is that I am hearing reactions from unusual an unexpected places. I heard co-w…