The Washington Times
  • Subscribe
  • Times News Services
  • RSS
  • Mobile Headlines
  • e-edition
  • E-MAIL ALERTS
  • REGISTER
  • LOG IN
  • E-MAIL ALERTS
  • WELCOME
  • Your Profile
  • Log Out
  • Front Page Image
  • Classifieds
  • Autos
  • Real Estate
  • Jobs
  • Special Sections
  • Customer Service
  • Home
  • News
  • Opinion
  • Sports
    • NFL
    • NBA/WNBA
    • MLB
    • NHL
    • Tennis
    • Golf
    • Motorsports
    • Soccer
    • NCAA
    • Olympics
    • Outdoors
    • Other
  • Culture
    • Home & Living
    • Family & Kids
    • Fashion
    • Food
    • Travel
    • Health
    • Washington Visitors
    • Books
    • Military History
    • Life
    • Auto
    • TV Listings
    • Movie Listings
    • Death Notices
    • Entertainment
  • Themes
  • Communities
  • Shopping
    • Stores
    • Coupons
    • Daily Double
    • Promotion
    • How It Works
  • Videos
    • Two Guys
    • Birnbaum on Washington
    • Liz Glover
    • Amanda Carpenter
    • Morning Briefing
    • Documentaries
    • Joe Giganti
    • Video Game Minute
  • Podcasts
    • About Headlines
    • Audio and Radio
    • America's Morning News
  • National

    Tiger Woods injured in car accident

  • Security

    W. House praises IAEA's censures of Iran

  • Business

    Wall Street tumbles on Dubai fears

  • Local

    Private funeral Friday for Pollin

  • Politics

    Ads add heat to health care debate

  • National

    At Mall of America, it's business as usual

  • World

    Drug lords finding safe haven in Bolivia

Sunday, July 17, 2005

Home, seized home

Rate this story

Average 0.00
after 0 votes
Login or register to rate this story

  • Font Size -+
  • Print
  • Email
  • Comment
  • Tweet this!
  • Share
  • Article
  • Comments ()
  • Click-2-Listen
  • Videos

More Stories

  • Atlantis, crew of 7 back on Earth
  • Uninvited White House guests met Obama in line
  • iPhone lands in Korea
  • Wife aids Woods after SUV crash

By

Who says you can't fight city hall, or even the Supreme Court?

A long-overdue property rights revolt is brewing around the country in response to the high court's outrageous decision last month in Kelo v. City of New London, Conn. The court ruled that governments can seize private property and then turn it over to big-business interests for economic development.

The alarming property takeover ruling, by a narrow 5-4 vote, reminds us anew of the sweeping governmental powers issues that are at stake in choosing who will replace retiring Justice Sandra Day O'Connor (who, by the way, wrote a blistering dissent against the decision).

The use of eminent domain to condemn property and purchase it at a fair market value for public purposes, to build roads and erect other public facilities, has been an accepted practice by state and local governments, though one that is restricted by the Fifth Amendment to the Constitution. It guarantees private property shall not be seized by eminent domain except for "public use" and in such cases, only for "just compensation."

But in the case against Susette Kelo, the city of New London went far beyond that constitutional stricture and said her property could be taken, not for public use, but to promote local economic growth by turning it over to developers for anything from strip malls to amusement parks.

The June 23 ruling has triggered a political backlash in Congress and in many states. Fueled by mounting grass-roots anger, a number of state legislatures are expected to act on anti-seizure legislation before year's end, and many more are expected to act early next year.

The House quickly condemned the court's decision by a vote of 365-33 and bills have been introduced in both chambers, drawing strong support across the political spectrum, from House Majority Leader Tom DeLay on the right to Michigan Rep. John Conyers Jr., the top ranked Democrat on the House Judiciary Committee, on the left.

"We've been getting calls from all over the Hill from House members and senators looking to do something legislatively to address this issue," said Nancie Marzulla, president of Defenders of Property Rights, a group that has led the charge in many eminent domain battles.

"I think there is a sense of urgency because people are outraged," she told me. "For people on the Hill to be responding in this way means they are hearing from their constituencies who are calling up their offices and saying, 'What are you doing about this?' "

And for anyone who wonders what the issues will be in next year's elections, it's a safe bet this will be one. "It's a powerful political issue based on the reaction I've seen and what our members are hearing," says Duane Parde, executive director of the American Legislative Exchange Council (ALEC), which represents 2,400 state legislators across the country.

ALEC is now drafting a model bill to ban property seizures for commercial purposes and, once approved by its board, will be sent to all its members for legislative action. A growing number of states have eminent-domain reform bills pending, including Delaware, Georgia, Minnesota, New Jersey, Texas and the "cradle of liberty," Massachusetts.

In Alabama, Gov. Bob Riley has just introduced a bill in the legislature's mid-July special session. Bills are expected to be introduced in Illinois and Pennsylvania.

Massachusetts House Minority Leader Brad Jones, after a deluge of angry constituent phone calls, introduced a nonbinding resolution condemning the court's action and was swamped with both Democratic and Republican cosponsors.

He filed a statute last week that would prohibit local officials from taking private property by eminent domain for the sole purpose of economic development, and will seek a state constitutional ban as well. "We're not taking any chances," he says. "Respect for private property rights is a founding principle of our democracy. It's crucial for the legislature to take a stand to defend those rights."

In a biting dissenting opinion, Justice O'Connor warned that under the court's ruling, "Nothing is to prevent the state from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory. "The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms," she said. "As for the victims, the government now has license to transfer property from those with fewer resources to those with more." The Founding Fathers, she said, "cannot have intended this perverse result."

By dropping the words "for public use" from the Fifth Amendment, the Supreme Court opened the door for powerful developers to take over someone's property for their own commercial enrichment.

The counter-revolution now begins in the states to permanently nail that door shut.

Donald Lambro, chief political correspondent of The Washington Times, is a nationally syndicated columnist.

Post a comment

There are comments on this article, submit your opinion!

Commenting is disabled for this entry.
If you feel there is still something worth mentioning about this entry please contact the author or the site admin.

Ask a Question

You Report

Do you have another point of view, photos, audio, video or more information about a story?

Top Stories

Most Read

  1. EDITORIAL: Hiding evidence of global cooling
  2. Climate 'czar' says hacked e-mails don't change anything
  3. EDITORIAL: The global-cooling cover-up
  4. PRUDEN: Trouble afoot for high priests
  5. Grade-schooler unearths fossil at dinosaur park
More Top Stories »
  1. Wife aids Woods after SUV crash
  2. In tobacco-loving Virginia, bars give up the habit
  3. Climate czar rejects doctored data claims
  4. HOLMES: Behind Obama's overseas allure
  5. EDITORIAL: The duty of a nation to obey God

Most Shared

  1. EDITORIAL: The global-cooling cover-up
  2. PRUDEN: Trouble afoot for high priests
  3. EDITORIAL: Hiding evidence of global cooling
  4. Climate 'czar' says hacked e-mails don't change anything
  5. Finance mavens gloomy
More Top Stories »
  1. Fenty's approval in D.C. divided by race
  2. In tobacco-loving Virginia, bars give up the habit
  3. Drug lords finding safe haven in Bolivia
  4. EDITORIAL: The duty of a nation to obey God
  5. Global Warmists exposed

Most Commented

  1. Climate 'czar' says hacked e-mails don't change anything
  2. EDITORIAL: The global-cooling cover-up
  3. Climate czar rejects doctored data claims
  4. EDITORIAL: Hiding evidence of global cooling
  5. PRUDEN: Trouble afoot for high priests
More Top Stories »
  1. EDITORIAL: The duty of a nation to obey God
  2. Crashers probe may become criminal investigation
  3. Obama taking emissions goal to summit
  4. HOLMES: Behind Obama's overseas allure
  5. 9/11 families sharply split on civilian court trials

Listen to Washington Times Radio

  • America's Morning News

    with John McCaslin and Melanie Morgan

Blogs & Columns

  • Hot Button Blog

    RNC: Breast cancer recommendations may lead to 'rationing'

  • Belief Blog

    Evangelicals OK civil disobedience

  • Out of Context

    Foods that might kill libido

  • On the Fly

    United lifts some 'award' blocking

  • Technology

    Facebook wins round against phishing spammer

  • Redskins 360

    Hall out, Rogers will start

  • SNOBlog

    Beyond 'Woody'

Videos

Advertising Links
TWT Store
  • e-edition
  • Print Edition
  • Weekly Washington Times
TWT Affiliates
  • Middle East Times
  • Golf
  • UPI
  • Arbor Ballroom
  • Washington Times Global
  • About TWT
  • Press Room
  • F.A.Q.
  • Work for TWT
  • Advertise
  • Sponsors
  • Contact Us
  • Privacy Policy
  • Site Map

All site contents © Copyright 2009 The Washington Times, LLC.