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Friday, December 14, 2007


Kelo Revisited

Way back in June of 2005, the US Supreme Court ruled that local and state governments could condemn private property for the transfer to other private parties using the supposed benefits of economic development as justification for the “taking.”  The case was Kelo v. City of New London.  At The Volokh Conspiracy, Professor Ilya Somin informs us that,

…two and one half years after the Supreme Court ruled in favor of the city and some seven years after the condemnation proceedings were first initiated, little or no economic development has occurred on the condemned land… the New London Development Corporation (the city agency responsible for the condemnations) and its designated private developer Corcoran Jennison have missed repeated deadlines to begin construction of the new housing that they were supposed to build in the area… (and)  no construction at all has taken place on the site since the Supreme Court’s decision was issued in June 2005.
Yesterday, the NLDC and Corcoran reached an agreement under which the developer must meet a May 29, 2008 deadline to secure financing for the construction of 66 luxury apartments and 14 townhouses in the area. If it fails to do so, it will forfeit its right to develop the property and the NLDC will be free to pick a new firm to develop the area.

Two and a half years and nothing has been done?  If the developer didn’t have the necessary financing for the project, and still doesn’t today, why did any of this take place?  Ilya continues,

Even if Corcoran Jennison and the NLDC finally get their act together, it is unlikely that their project will produce enough economic development to offset the more than $80 million public funds that have already been spent on the project . And that estimate does not include the economic damage inflicted on New London by the destruction of the pre-condemnation uses of the property, including a significant number of homes and businesses. It also does not include the economic costs of letting the area lie unused for a period of several years while the NLDC and Corcoran tried to find a way to finance their planned development project.

Kelo was one of those rulings that was decided the wrong way, for all the right reasons.  Government has no business being in business or competing with business.  That’s the function of the private sector.  Taking private property for public purposes, the “greater good” as those on the Left like to congratulate themselves, is bad enough.  Doing so for the enhanced tax revenue of a more lucrative private development is quite simply wrong!  And that includes the New York Times’ new glass and steel monstrosity, too!

Without private property, there is no freedom and there is no democracy.

Does this tick you off? Click here to email your elected representatives right here on Say Anything, or comment below.

Comments

I’ve has a serious problem with this from the start. This is the type of thing that bears out my misgivings.


The future ain’t what it used to be…..

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Pilgrim on December 14, 2007 at 09:05 am

Kelo was one of those rulings that was decided the wrong way, for all the right reasons.

I don’t get that?  Why the right reasons?


1% of Americans pay 40% of the income tax.
5% of Americans pay 60% of the income tax.
10% of Americans pay 70% of the income tax.


The Whistler's signature
The Whistler on December 14, 2007 at 09:47 am

By “the right reasons” I meant that in its ruling the Court showed deference to the local government and local decision making authority.

Obviously, it was still the wrong decision… morally and constitutionally.


“Capitalism is optimism monetized.”

Bat One on December 14, 2007 at 10:01 am

We drive past that when we go to Cape Cod, and I can testify that not a damn thing has been done there. Other than the haphazard demolition of the homes and other structures. It looks like a warzone scene from a movie.


Una Salus Victus Nullam Sperare Salutem

2Hotel9 on December 14, 2007 at 10:03 am
Avatar for Ombre Rose

Kelo was one of those rulings that was decided the wrong way, for all the right reasons. 

**********

Sorry! ABSOLUTELY, SO NOT!  Period.

It was the wrong decision - AND THERE WERE NOT “RIGHT REASONS” FOR MAKING THAT WRONG DECISION - NOT EVEN “GOOD INTENTIONS”!

Confiscating property of private citizens for the benfit of other private citizens who have already promised to use that property to devise a benefit, usually to shore up the strength of the current administration, is a function of a KING’S PRIVILEGE - and NOT that of a democratic or republican form of Government (NOT referring to any POLITICAL PARTY by references to Democratic or republican - used SMALL CASE first letters).

NOTHING justifies such a trampling of the rights of the Common Citizen to be secure in their persons.

And this place really still owes it to the original owners to restore their property, and rebuild on it according to the desires of the original owners, at government expense, being careful to exempt the original owners of any tax levees used for that purpose.  And yes, the rest of the taxpayers owe it to those owners because they allowed their government to pursue this course of action in the first place.

Ombre Rose on December 14, 2007 at 10:11 am

By “the right reasons” I meant that in its ruling the Court showed deference to the local government and local decision making authority.

Obviously, it was still the wrong decision… morally and constitutionally.

Thanks I didn’t get that point.  I was hung up on the Supreme Court in-effect changing the wording of the constitution to “public use” to “public benefit.”  Since that in of itself is so egregious I wouldn’t agree that their intentions were good for whatever reason.

Isn’t it strange how the judiciary nearly always supports more power to the government rather than sticking up for the citizens as they should.

Thanks for the update though.  It really points out heinous this decision really was.


1% of Americans pay 40% of the income tax.
5% of Americans pay 60% of the income tax.
10% of Americans pay 70% of the income tax.


The Whistler's signature
The Whistler on December 14, 2007 at 10:16 am
Avatar for Ombre Rose

Bat One:  “By “the right reasons” I meant that in its ruling the Court showed deference to the local government and local decision making authority.

“Obviously, it was still the wrong decision… morally and constitutionally.”

Actually, NO! That is NOT a “RIGHT REASON” whatsoever.

The Court has NO obligation to buttress a local government, or ANY level of government, against the Constitution and the REPRESENTED BY CONSENT Common Citizens.

In fact - TO THE CONTRARY - it has every obligation to protect the Common Citizens from an OVER-REACHING and OLIGARCHIAL government at any level, from ANY branch, and their failure to do so is a breach of the Constitution, a breach of their own power, an abuse of their authority - and by exercising power that is NOT WITHIN the BOUNDS OF THEIR OWN AUTHORITY over The People, it is also seditious and Treasonous.

No, I’m not being hot-headed and irrational - go see what the Founding Fathers said about The Stamp Act.

They legitimately saw The Stamp Act as a move that was DESIGNED to remove their legitimate rights of citizenship given them by the Magna Carta and other British documents, and convert them for all practical purposes to SLAVES, by confiscating their worldly goods WITHOUT REPRESENTATION, for the “good” of the GOVERNMENT.

There is no essential difference in the application of the Founders’ arguments against The Stamp Act, and against Kelo.

The Courts moved to buttress “THE KING’S PRIVILEGE” - which has no authorized standing in the United States of America.
It simply doesn’t get more WRONG than that - in a democratic republic form of government operating under “Rule of Law”, instead of “Respect of Persons” as you might say, a monarchy.

The Courts also have an obligation to NOT breach and insult the CONSCIENCE of the community on a stricly SOCIAL level—- which is NOT to say the Conscience of the GOVERNMENT.

And no, the government people are NOT elected, appointed, or hired to do “what they think is right” - but what they KNOW reflects the will of the majority of the CITIZENS. 
citizens have a right to examine the moral rectitude of the ones they vote for, or appoint or hire, in order to determine if they h ave the moral rectitude to recognize that they are the People’s Servants, hired to REFLECT the known will of The People.

...And that “what they personally think is right” should be in all cases, what they know the people would want them to do if The People had all the same information and job skill as they do.

Ombre Rose on December 14, 2007 at 10:53 am
Avatar for Bike Bubba

The fact that nobody has as much as dug a trench for sewer, electric, or water bears out the too-little-known fact that when private industry asks for “help” of this type from government, it’s your first sign that that company doesn’t have a workable business plan.

You take a look at the history of eminent domain and targeted tax breaks for private businesses, and you see debacles like this, Poletown, big box department stores abandoned after a few years, and more.  It would be bad enough if this were the only damage done, but you also see the abandoned storefronts of the competitors who were taxed to pay for this largesse.

Bike Bubba on December 14, 2007 at 11:17 am

I always said this smells of KICKBACK CITY….

This only buttresses it in my opinion.

golfmann on December 14, 2007 at 05:53 pm
Avatar for JMB

  “There is, moreover, no principled way of distinguishing economic development from the other public purposes that we have recognized.” - This KELO Majority rule.

Properly functioning governments, are governments that are held to certain definable restrictions, and these restrictions are not to be simply left up to their own governments rights to experiment in such unprincipled ways.   
And surely our Constitution was not meant to be isolated from its effective use, as it is now being said to be a permissibly perishable thing, under this control of man made laws, for it is these governments themselves which make these laws, and it would not then be of any sensible assurances to us, when our legislatures have proclaimed that they are the ones controlling themselves.

When the Supreme court admitted that it has neither the authority nor the inclinations to describe for a nation what government thievery is, it has at the same time attempted to claim for itself that it still retains its own inclinations, and thus its own authority, to describe for a nation what government thievery is not.

This convoluted reasoning, and this twisted logic, has now made it perfectly clear that this nation can not rely on the judgments of those who rest upon their own opinions of us. We must decide for ourselves what others are claiming is an unascribable national thing, or we will once again be a nation of people who must be lead by their detachable masters own certainties, and not a people who have designed perceivable restraints upon their governments.

Not to deny that these atrocities are tending to enhance themselves, but to deny that they are rightly to continue upon there own success in one part of our nation and not in the next.

JMB on December 15, 2007 at 11:52 am

In this country, economic development is the province of the private sector, with no “cooperation” from the public sector.  That would be socialism, or worse.


If govt control of the economy were the way to go, the Soviet Union would be the richest, most powerful nation in the history of the world.

Thanks to Obama, America remains the only country where it is illegal to drill our own oil!

robert108 on December 15, 2007 at 12:00 pm
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