All private property is now vulnerable. Eminent Domain is now expanded to include anything that our local, state and federal governments think would be better for not only government but whatever reason they can find to increase tax revenue on a piece of property. 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." What this decision does is to make it accessible for developers to come in an seize your property using local government to make more money for themselves on the basis that the city will earn more tax dollars. What it also does is open the door for anyone to charge that a piece of property that is currently tax exempt, i.e. places of worship, could be better suited for the taxpayer if the property was redeveloped into another form of tax revenue.
The house you live in that is considered to be in a prime location can now be taken away for a developer to make more money. The home that your family has owned for generations can now be taken out from under you or them. The property you own as an investment can be bought out from under you at what is considered a "fair" price. What all of this means is if you own property that has potential for commercial development your local government can use eminent domain to buy it out from under you with what they think is the city's proposed disposition of this property as it qualifies as a public use within the meaning of the Takings Clause of the Fifth Amendment to the Constitution. I know you will not get a fair market residential value with the government is involved and you will not get a fair commercial value if you are lucky enough to even get that. We no longer as American citizens have private property ownership rights which is one of the foundations of our country. This is taken straight out today's ruling, Justice O'Connor dissented by saying this:
Kelo v. New London
"Today the Court abandons this long-held, basic limitation on government power. Under the banner of economic development, all private property is now vulnerable to being taken and transferred to another private owner, so long as it might be upgraded .i.e., given to an owner who will use it in a way that the legislature deems more beneficial to the public in the process. To reason, as the Court does, that the incidental public benefits resulting from the subsequent ordinary use of private property render economic development takings for public use is to wash out any distinction between private and public use of property and thereby effectively to delete the words for public use. from the Takings Clause of the Fifth Amendment. Accordingly I respectfully dissent.
"If you have Adobe Acrobat I urge you to read the decision at http://wid.ap.org/documents/scotus/050623kelo.pdf
I have emailed President Bush, Vice President Cheney, Senator Bill Frist, Senator Lamar Alexander, Senator Mitch McConnell, Senator Rick Santorum, Senator Jon Kyle, Senator Kay Bailey Hutchison, Senator Ted Stevens, and my Governor Bredesen about this ruling. I have asked for them to overturn this decision and I have also asked for the impeachment of the Justices that voted for this because it is against our Constitution. We cannot have Supreme Court Justices who decide against the Constitution representing our country. We just can't. If I can think of some other politician to email I will. We as citizens no longer have rights as property owners unless this is not reversed. I appeal to all of you to do the same. We cannot let this stand as Americans.
October 6th
nocrystalstare
October 5th
blueeyedtawni
phogfanatic
October 3rd
mollyrosemond
October 2nd
saturnfreeway
saikotikgunman
justjames
blueeyedtawni
October 1st
resable
cllecr
government