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Bill Marsh said:June 24, 2005
By Joseph Farah
© 2005 WorldNetDaily.com
. . .
The Congress needs to be heard from. Yes, the Congress has the power, should it ever have the courage to use it, to set aside a ruling like this and permanently enjoin the court from ever ruling in the future against the well-enshrined, inalienable, well-documented, constitutionally protected right to own and enjoy property.
http://www.worldnetdaily.com/news/article.asp?ARTICLE_ID=44960
Granted, the purpose of this ruling is supposedly to benefit the community... For the greater good! It is surprisingly "FAR LEFT" to think of the greater good, as more important, more crucial, more Socialistic, than the good of one person.... the good of an individual! This legal argument is based on the concept that the group is more important than the individual. In the United States, unlike many other countries, the rights of an individual private person, usually in pursuit of happiness, have characteristically, come first!Mark Nelson said:By THE ASSOCIATED PRESS
Published: June 23, 2005
WASHINGTON (AP) -- A divided Supreme Court ruled that local governments may seize people's homes and businesses against their will for private development in a decision anxiously awaited in communities where economic growth conflicts with individual property rights.
Thursday's 5-4 ruling represented a defeat for some Connecticut residents whose homes are slated for destruction to make room for an office complex. They argued that cities have no right to take their land except for projects with a clear public use, such as roads or schools, or to revitalize blighted areas.
As a result, cities now have wide power to bulldoze residences for projects such as shopping malls and hotel complexes in order to generate tax revenue.
Local officials, not federal judges, know best in deciding whether a development project will benefit the community, justices said.
"The city has carefully formulated an economic development that it believes will provide appreciable benefits to the community, including -- but by no means limited to -- new jobs and increased tax revenue," Justice John Paul Stevens wrote for the majority.
He was joined by Justice Anthony Kennedy, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer.
At issue was the scope of the Fifth Amendment, which allows governments to take private property through eminent domain if the land is for "public use."
Susette Kelo and several other homeowners in a working-class neighborhood in New London, Conn., filed suit after city officials announced plans to raze their homes for a riverfront hotel, health club and offices.
New London officials countered that the private development plans served a public purpose of boosting economic growth that outweighed the homeowners' property rights, even if the area wasn't blighted.
Justice Sandra Day O'Connor, who has been a key swing vote on many cases before the court, issued a stinging dissent. She argued that cities should not have unlimited authority to uproot families, even if they are provided compensation, simply to accommodate wealthy developers.
The lower courts had been divided on the issue, with many allowing a taking only if it eliminates blight.
"Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random," O'Connor wrote. "The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms."
She was joined in her opinion by Chief Justice William H. Rehnquist, as well as Justices Antonin Scalia and Clarence Thomas.
Nationwide, more than 10,000 properties were threatened or condemned in recent years, according to the Institute for Justice, a Washington public interest law firm representing the New London homeowners.
New London, a town of less than 26,000, once was a center of the whaling industry and later became a manufacturing hub. More recently the city has suffered the kind of economic woes afflicting urban areas across the country, with losses of residents and jobs.
The New London neighborhood that will be swept away includes Victorian-era houses and small businesses that in some instances have been owned by several generations of families. Among the New London residents in the case is a couple in their 80s who have lived in the same home for more than 50 years.
City officials envision a commercial development that would attract tourists to the Thames riverfront, complementing an adjoining Pfizer Corp. research center and a proposed Coast Guard museum.
New London was backed in its appeal by the National League of Cities, which argued that a city's eminent domain power was critical to spurring urban renewal with development projects such Baltimore's Inner Harbor and Kansas City's Kansas Speedway.
Under the ruling, residents still will be entitled to "just compensation" for their homes as provided under the Fifth Amendment. However, Kelo and the other homeowners had refused to move at any price, calling it an unjustified taking of their property.![]()
You're a hooker? Here, I thought I was doing great with you!silenthunterstudios said:This is a bs rule that will only cause problems for everyone involved.
I think both parties should support all the amendments.hollowdweller said:Esav,
I agree with your overall post. However I feel that as far as the court and individual rights that your equating the liberals alone with loss of individual rights is not entirely correct. If you review the decisions you will see that while the conservatives tend to be strong on protections regarding the second and fifth, the more moderate members (there are no liberals on the Supreme Court now) tend to support the fourth and first amendments more.
I personally do not think it should be a pick and choose thing. I think both parties should support all the amendments.
The answer is the power of the people! It is having hundreds, even thousands in attendance, as invited guests of the property owner... ALL refusing to leave the property!Mark Nelson said:I was think about that before you even asked and I do not have a answer.
ibear said:The answer is the power of the people! It is having hundreds, even thousands in attendance, as invited guests of the property owner... ALL refusing to leave the property!
That is the ONLY answer!
Hard thing to do.... whipping I mean! Collective, organized action will do the trick, I suppose. Is that what you meant?Thomas Linton said:The guys with the biggest balances can write the biggest checks, but they can still be whipped.
I think congress should act, it is well past time that they quit arguing about BS and do something useful.brantoken said:I think congress should act, it is well past time that they quit arguing about
BS and do something useful. Another sign we should vote all the *astards out and start with a fresh batch no matter the party ( both parties live in fear of this). People felt this way when Ross Peroit ran, scared the hell out of both democrats and republicans. It does appear to me that the govenrnment if only half the problem , the other half is the developers and the local officials. Uncontroled capitalism is also to blame here. I see this as
private proptery rights taking a back seat to commercial property speculation. We just allowed the local govenment guy to make that determination. If your local government is like ours here , that means that it is already a corupt alliance. I will be writing my congressman, I assure you, I agree with you guys that something needs to be done about this.
ibear said:I think congress should act, it is well past time that they quit arguing about BS and do something useful.
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Careful wording of the Constitutional Amendment is crucial to to enlist the support of the majority! I get very nervous when anyone is messing around with our Constitution.
Even the Schumer - Feinstein - Boxer coalition crowd, makes me super paranoid about letting anyone mess around with the wording of any amendments. I am glad they wrote the Assault Weapons Ban that didn't outlaw any Assault Weapons.... For that reason, because it was very poorly written and a poorly designed weapons ban.... it has expired! That made my day.... every day!![]()
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Thanks,
iBear