Do you remember your American History classes? Do you recall the white Eurpoean settlers taking away the land of the native American Indians by claiming 'superior use of the soil' (see below) and later came the idea of 'Maifest Destiny'? Well folks... IT'S BACK!!! Only this time it's being done to Americans by their fellow Americans. The rich and politically powerful Americans are taking the land and homes away from us who aren't and the Supreme Court is backing this up by deciding that only the state and "Local officials, not federal judges, know best in deciding whether a development project will benefit the community." Read this and weep homeowners. Your home is no longer yours if the rich and powerful want it for a private - not public, although they can take it for that too claiming eminent domain - project deemed best for the economic development of your community. What? You live where that private developer wants to build a mini-mall or a new Wal-Mart? TOO FRACKING BAD FOR YOU AND ME! Hopefully they won't want to put a strip mall on my street, or a new marina where my cousin lives on the water.
NOTE: White settlers claimed that it was their God given right to take the land away from the "savages" because they (settlers) had shown 'superior use of the soil' by building towns, cities and roads not only in their homelands, but in the new world. The Native American had failed to do so in the thousand of years they occupied the land and in the settlers' minds had failed to use the land as God intended. Therefore the land must be taken from the primitives who squandered God's gift. Isn't that great?
Well, I have a garden in my back yard and am doing my lily-white butt part to clog up the Bay -so there. Actually, that's not true. My garden is completely organic and the only fertilizer I use is compost from my own recycled garbage....but agriculture in general doesn't really turn out to be a superior use of the soil as the dust storms of the 30's and tons of other problems demonstrated.
What is true is that this ruling scares me to death. I live on a Main St. and this would be a great area to develop. Even if they zone it commercial I'll take a huge loss to my investment. Guess the Republicans that talk about "big government" do have a point.
Posted by: Lynn on June 23, 2005 02:02 PMActually, todays decision is not anything new.
Many local governments already take private property for redevelopment at the hands of private developers.
Today was just a confirmation that the locals can do this, this was brought about by the connecticut citizens that wanted to challenge the law and took it to the supreme court.
So, here in maryland, Balto City, howard, anne arundel and many other jurisdictions can and have taken property for private redevelopment.
Baltimore City, where do you think Harbor place came from? The guy that held out for 1 million on st. Paul street (see yesterdays sun) could have been condemmed if the city council was convinced to do so. In his case he won big.
Anne Arundel county, where do you think the redeveloped area around 648 came from.
In Baltimore county their law will not let private property be condemed for redevelopment, unless it is for a public use, ie fire station, road, etc. Remember the 509 issue in 2000?
So, you have never been safe, nothing has changed. You just didn't know you had to worry; yesterday. Today you know better.
Posted by: h2cousin on June 23, 2005 03:40 PMNo, this *is* new case law. Just because something has been standard practice does not mean it is precedent. What has happened today is that the current popular interpretation of eminent domain by state and local governments has been codified as the Law of the Land, as the official interpretation of the "public use" clause of the 5th ammendment.
Prior to today, the *sole* justification of "economic improvement" did not meet the test of "public use". Now, it does. The eminent domain concept has been significantly broadened by Kelo v. City of New London.
I realize this is just too hard for most Americans to understand. They're happier not thinking about the dismantling of the U.S. Constitution, and fretting about a missing twinkie in Aruba.
Posted by: Rob on June 23, 2005 05:00 PMGovernment rules in favor of government, no surprises here. The court breakdown is interesting:
Concur:
Stevens
Kennedy
Souter
Ginsberg
Breyer
Dissent:
Renquist
O'Connor
Scalia
Thomas
Well said Rob.
Let's see what happens when the Second Amendment bucks up against this ruling. Can we all see where this is headed? National Guard bulldozing Grandmothers with shotguns so Walfart can put up another cheap shit shack? Even my jaded ass has a hard time believing "we'd" go that far, well more than a couple of times anyway.
Twinkie. Sheesh. Sounds like a early leader for this years Darwin's Award to me. 7 black men were murdered in Baltimore City last week. National coverage? Zero. They probably wern't so gosh darn cute...or white.
Posted by: mm on June 23, 2005 06:03 PMI don't know why my email didn't show up on my last post. I'm not afeared of ya'll.
visionsmike@charm.net
Posted by: mm on June 23, 2005 06:09 PMHaving grown up right by that section of New London I soooo believe that over all this is a good thing. Especially now that they are transfering the sub base (this really upsets me) to the Bremington and Kings Bay facilities. New London/Groton areas will sooo need this now. I do not like the Supreme Court wording of the decision though. I feel for the home owners but to be honest guys, no one in the area was siding with them in the first place. There is good and bad about the whole thing.
Posted by: David V on June 24, 2005 12:20 PMAs long as it's not my backyard it's all fine?
Where as that specific case maybe a valid cause, the chance for abuse is VERY high, and we all know how restrained big business can be when they want something.
Then one day they came for me.
Posted by: mm on June 24, 2005 03:27 PMOh no no, it is not fine. I agree with you. I believe that in this single case it is valid, over all this is not a good thing at all. The supreme court will get this again. It is becomming a land shortage issue now. I beleve we will see more of this in the NoVa reagion over the next 10 years to be honest.
Posted by: David V on June 24, 2005 04:04 PMI will not go quietly! When they come for our house, Jeff can hold them off indefinitely! They'd best be prepared for a fight. Just because cities "can" do something (Jeff says this thing is okayed in the Constitution) still doesn't make it right.
Did you know that Wal-Mart has never used the Eminent Domain claus to get land to build on, but Target has....
Posted by: Daveed on June 27, 2005 11:17 AM