smallgovt1

The Kelo vs Town of New London, Ct was arguably the worst US Supreme Court decision in the history of this country. There were plans to build an industrial complex in New London, Ct and 150 homeowners were told they would have to leave their home and accept a price the gov't offers. 7 homeowners lead by Suzette Kelo said no but the Supreme Court ruled 5-4 against her. Now here are families who are keeping their property in good condition but because they pay less taxes than the new tenant would, they are being forced out of their home.

There is nothing in the constitution that allows the government to buy a property for private use period. The only way to stop this is through referendums such as those that overwhelming passed in NH, SC, and Ga. or a constitutional amendment. This is what I would like to see a constitutional amendment.

1 - It is illegal for any government to buy someone's property for any other private use and for any entity to use any kind of threats to force someone to move so another property owner can take over.

2 - If a government wants to condemn a property, at least 2 judges must agree the condemnation is legitimate. Governments use this as a phony excuse for a land grab and this loophole still exists.

3 - If a government wants to take a property for a public use, first a judge must agree the taking is for a legitimate public use and then the homeowner must get fair market value as determined by a real estate broker and not a government bureaucrat. In addition the person must get $25,000 in moving and living expenses.

If politicians want to talk about family values then don't break up a home.

What do you folks think of this?

perdidochas

I think this will turn around:

Legalbrief - New Jersey court limits scope of eminent domain

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marv

Eminent domain is a state issue. When the SCOTUS ruled, it ruled that the state law was legitimate, not that the base issue was or was not in the interest of the state or the complainants. The individual states have to address the issue. It looks like that is happening.

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Scribbler1

Right. As it isn't specifically handled by the Constitution, it IS a state matter. All the better too, if you ask me. State senators and governors are too close to the people to risk siding against homeowners.

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smallgovt1

I agree that most of the eminent domain abuses occur at the state level but the feds will abuse this power to. I also understand they are talking about a NAFTA superhighway. The eminent domain abuse resulting from this will probably be from the federal level.

This issue affects every American and the only way we are protected from government abuse is a constitutional amendment that applies to all levels
of government.

perdidochas

Eminent domain is sometimes necessary. The Founders recognized this, and that is the reason that the 5th amendment is written the way it is. I have no problem with eminent domain for building roads, etc. My problem with it is when property is confiscated by government for sale to private groups.

__________________
A human being should be able to change a diaper, plan an invasion, butcher a hog, conn a ship, design a building, write a sonnet, balance accounts, build a wall, set a bone, comfort the dying, take orders, give orders, cooperate, act alone, solve equations, analyze a new problem, pitch manure, program a computer, cook a tasty meal, fight efficiently, die gallantly. Specialization is for insects.
— Robert Heinlein, Time Enough for Love

CHUQ

Sometimes that does not matter, look at the one case in NJ, it was about devrelopers over homeowners and the developers won. So to me it seems to be more about cash then rights.

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perdidochas

Latest case in NJ (from the last month or so) was the opposite. The homeowners won.

__________________
A human being should be able to change a diaper, plan an invasion, butcher a hog, conn a ship, design a building, write a sonnet, balance accounts, build a wall, set a bone, comfort the dying, take orders, give orders, cooperate, act alone, solve equations, analyze a new problem, pitch manure, program a computer, cook a tasty meal, fight efficiently, die gallantly. Specialization is for insects.
— Robert Heinlein, Time Enough for Love

Scribbler1

But my point was that the people have a lot more clout in local affairs than federal ones. In a state, even a big enough rumor can take out a state official or governor. Public opinion matters in state and local government a LOT more than it obviously does in the federal government.

If the people in Jersey lost it's pretty much on them.

__________________
Not a day goes by that I don't see something that reinforces my belief that people are idiots.