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Connecticut Legislature Responds to Kelo
In my appearance on the Harry Browne show, we focused a lot on how to respond to the Kelo decision and what could be done to protect property rights. I urged the listeners to organize at the state and local level by putting propositions on state ballots to require that eminent domain be invoked only for direct public use and making sure that local politicians knew that there are political consequences for violating property rights. It looks like the Connecticut legislature if jumping on that bandwagon, declaring a moratorium on such development projects while they rewrite the state law regarding eminent domain. Bravo to that state and their legislature, which has recently become the first state to pass civil union legislation and is doing the right thing on this issue too.
The recent ruling by the Supreme Court as well as a number of issues that have come up from the Executive branch calls into question the actual rights that an American can now depend on.
the supreme court did not use that to substaniate their ruling. They based their ruling off of interstate commerce laws not a law governing drugs. If they did, then the ruling would not have been criticized so much.
Explicit in the just compensation clause is the requirement that the taking of private property be for a public use; the Court has long accepted the principle that one is deprived of his property in violation of this guarantee if a State takes the property for any reason other than a public use.
I know that thread it is a good one!
Thing is though, who is the higher court? As has been defined recently in our court Systems, The only higher authority above the Federal Supreme Court is the Senate / President.
Small businesses are being seized for more upscale businesses. Hours after the decision, officials in Freeport, Texas, began legal filings to seize two family-owned seafood companies to make way for an $8 million private boat marina.
In three Missouri towns�as well as other cities across the country�homes are already being taken for shopping malls. On July 12, 2005, Sunset Hills, Mo., voted to allow the condemnation of 85 homes and small businesses to make way for a $165 million shopping center and office complex. The City of Arnold plans to take 30 homes and 15 small businesses, including the Arnold Veterans of Foreign Wars (VFW) post, for a Lowe�s and a strip mall. And in late July a Missouri judge reluctantly condemned a home in an upscale St. Louis neighborhood to be replaced with a shopping center. Basing his decision on Missouri law and the Kelo decision, the judge lamented: �The United States Supreme Court has denied the Alamo reinforcements. � Perhaps the people will clip the wings of eminent domain in Missouri, but today in Missouri it soars and devours.�
Homes are also being taken for nicer homes. In Long Branch, N.J., officials are poised to use eminent domain to take the oceanfront homes of residents who stand in the way of new luxury condos.
“By holding that the U.S. Constitution does not forbid the use of eminent domain to take private property and give it to another party for its own private economic gain, the Supreme Court has essentially put all of our property up to the highest bidder,” Stallman told the senators.
Agricultural lands, especially those in expanding urban areas, provide a ready source for potential shopping malls, industrial parks and housing complexes. Condemnation of this land also results in farmland that has been in a family for several generations simply being taken away, Stallman said.