Eminent Domain Allows Govn't to Seize Personal Property

The government has the power to seize our property if it deems it necessary for private development. This is unacceptable.

There is also an obvious conflict here. In some states (such as Texas) we are permitted to shoot someone in order to defend our personal property.

This issue will clearly not rest ...

www.msnbc.msn.com/id/9410468/ (external - login to view)

Eminent domain plaintiff seeks Congress’ help
Woman in Supreme Court case wants senators’ input on property seizure

Updated: 7:25 p.m. ET Sept. 20, 2005
WASHINGTON - The Connecticut woman whose case led to the Supreme Court decision allowing local governments to take homes for private development asked senators Tuesday to end the federal government’s involvement in such seizures.

“I sincerely hope that Congress will do what judges and local legislators so far have refused to do for me and for thousands of people like me across the nation: protect our homes,” Susette Kelo told the Senate Judiciary Committee.

The panel is considering one of several congressional proposals that would bar federal money from construction projects that benefit from the Supreme Court ruling.

State and national lawmakers around the nation are moving quickly to blunt the effects of the Supreme Court’s Kelo v. City of New London, Conn., decision. In that 5-4 ruling, the justices said municipalities have broad power to bulldoze people’s homes in favor of private development to generate tax revenue.

The decision drew a scathing dissent from Justice Sandra Day O’Connor as favoring rich corporations.

Supreme Court nominee John Roberts — who is on track to become the next chief justice — told senators last week that Congress and state legislatures have the power to trump the decision, something the Republican-controlled House and Senate are working feverishly to do.

The House has already acted, passing a bill that would bar federal transportation funds from being used to make improvements on lands seized via eminent domain for private development.

Representative calls it ‘un-American’. Rep. Maxine Waters, D-Calif., who wants additional legislation to withhold Community Development Block Grant funds from states that allow the taking of private property for private use, called the Kelo decision “one of the most un-American things that one can imagine.”

Waters said that use of eminent domain authority for private development abuses poor people and minorities.

“You have your local city government and your community redevelopment agencies who will tell you that they want to take private property because they want to do away with blight, they want to upgrade the neighborhood,” Waters said. “I don’t buy that.”

The Senate has not yet considered the House-passed bill and is considering its own solutions.

Texas senator defends homeowners...
Sen. John Cornyn, R-Texas, is pushing a bill that would ban the use of federal funds in any construction utilizing the Kelo decision, hoping that will force local governments to negotiate with homeowners instead of using the Supreme Court decision to kick them out.

“The protection of homes, small businesses and other private property rights against government seizure and other unreasonable government interference is a fundamental principle and core commitment of our nation’s founders,” Cornyn said.

At least 25 states are considering changes to eminent domain laws to prevent the taking of land for private development. In its ruling, the court noted that states are free to ban that practice.

“This battle against eminent domain abuse may have started as a way for me to save my little pink cottage, but it has rightfully grown into something much larger — the fight to restore the American Dream and the sacredness and security of each one of our homes,” Kelo said.
Jo Canadian

Reverend Blair
You voted for these guys, Nascar Nero. You backed every one of their insane laws. Until now, that is. Whatssa matter, your land being seized?
Hard-Luck Henry
That's the spirit, James ... man the barricades, keep those corporations out.

"When they kick in your front door
How you gonna come?
With your hands on your head
Or on the trigger of your gun?

When the law break in
How you gonna go?
Shot down on the pavement
Or waiting on death row? "
Jo Canadian
Well I'd go with Nascars Suggestion of using the law of shooting trespassers.

Yep, If I had a gun I'd Shewt the bastards if they tried that.
Quote: Originally Posted by Reverend Blair

You voted for these guys, Nascar Nero. You backed every one of their insane laws. Until now, that is. Whatssa matter, your land being seized?

Of course not Rev. Who in his right mind would support such a law. For the record, eminent domain has been around for ages, so it isn't something new that the Bush Administration introduced. Secondly, I never said that I support all of the presidents rulings. Example, I thought the President should have intervened personally to keep Terri Schiavo alive instead of allowing her to starve to death.

Now, before we go off on another tangent here, the fifth amendment to the US constitution requires that just compensation be paid when eminent domain is used. So the govenrnemt would need to pay you for the property they seize.

There is also an obvious conflict here. In some states (such as Texas) we are permitted to shoot someone in order to defend our personal property.

I'm not backing any criminals here but didn't the Branch Davidians own the property they were incinerated in, in Waco?
The Branch Davidians were hard core criminals hiding behind their cult. They were responsible for killing four federal agents and injuring many others during the attempted raid at the compound. They had no one to blame but themselves (and David Koresh) for the unfortunate outcome.

The situation is far different when dealing with the average home owner who is not a criminal. Here you have someone coming to seize your property without having done anything wrong.

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