– 08-05-05 –
A recent Supreme Court decision vastly expanding eminent domain seizure of private property has
sparked a nationwide backlash.
In a 5-4 decision, the Supreme Court ruled in late June that local
and state governments can legally seize private homes and businesses and give them to private
developers, if it advances some "public purpose" – such as increasing tax revenues. (Kelo vs. City of
New London, No. 04-108)
As dissenting Justice Sandra Day O'Connor points out, no one's
property is now safe:
"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."
Although you will receive some compensation if your property is
condemned and seized, there is nothing to prevent authorities from paying you a fraction of its fair
market value.
The Kelo decision has sparked howls of protest and anger across the
nation. Just days after the decision, the Internet was filled with blogs – some signed, some
anonymous – by property owners threatening violence if the state should attempt to seize their property.
Virtually overnight the backlash has also created a massive grass-roots
movement to curtail Kelo. As the Castle Coalition, a pro-property national group, reports:
"In a relatively short period of time, legislators in more than two
dozen states and the U.S. Congress have either proposed or promised to propose legislation that would
significantly protect property owners from unauthorized government land grabs. Alabama recently passed
a reform bill, which was signed by Governor Bob Riley. Given the amount of outrage on the issue, from
across the political spectrum, we expect other states to follow suit."
Many cities and counties are also passing new protections for private
property.
Before the Kelo decision, eight states limited or prohibited eminent
domain seizures: Arkansas, Florida, Illinois, Kentucky, Maine, Montana, South Carolina and Washington.
To learn how you help protect property rights in your area, log onto
the Castle Coalition web site at:
To view back issues of Jarret Wollstein's Towards Liberty, Click here.
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