Split
Court: Land Grabs Legal In a 5-4 decision,
the U.S. Supreme Court ruled that local governments can
seize private property through eminent domain for the use
and profit of other private parties. In Kelo vs. New London,
a group of Connecticut homeowners had fought to keep their
homes from being seized to make way for a private hotel
development. In a stunning rebuke to property rights, the
court ruled the local city council could seize the homes
for "economic development" purpose (i.e.: favored
developers, hotels and big box stores).
Under this ruling, churches, under-assessed homes and small
businesses are all fair game for any politically-connected
developer. Eminent domain for private gain.
This is bad law. Just as both rich and poor have equal
rights to both freedom of religion and freedom of speech,
they must also have equal rights to own and control property.
It is also bad economics. The "economic development"
schemes brought on by eminent domain rarely fulfill their
promised revenue projections. California is rife with half-empty
auto malls and shopping centers built with eminent domain
powers and public subsidies. A free-and successful-economy
must be based on the free and voluntary exchange of goods
and services among free people.
On the day of this misguided ruling, I responded the numerous
press inquiries, including an on-air interview by KNX-Radio.
I was called because of my long-standing opposition to redevelopment
abuse, and authorship of "Redevelopment: The Unknown
Government" (call 714-871-9756 for your copy).
In dissent, Justice Sandra Day O'Connor said: "government
now has license to transfer property from those with few
resources to those with more. The founders cannot have intended
this perverse result."
Public reaction against this decision has been strong.
An instant AOL poll showed 96% of subscribers opposed it.
State Senator Tom McClintock yesterday introduced a constitutional
amendment to strengthen California's property ownership
protections. Just like the Dred Scott Decision 150 years
ago, this decision is so extreme that the public and political
reaction to it may bring on overdue reforms.
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