Offering frequent news and analysis from the majestic Evergreen State and beyond, The Cascadia Advocate is the Northwest Progressive Institute's unconventional perspective on world, national, and local politics.

Thursday, June 23, 2005

Supreme Court upholds city's abuse of eminent domain

Not quite a month ago, we wrote about about the case of Kelo vs. New London:
The Kelo case is a unique and disturbing example of when government goes too far and abuses its power of eminent domain. The fight over eminent domain is not directly connected to the debate over growth management and the critical areas ordinance, though there are a few similar themes.
The Institute of Justice, which litigated the case on behalf of the homeowners who didn't want to give up their property to the city, wrote:
Kelo v. New London puts the issue to the U.S. Supreme Court in the clearest possible terms: Does the U.S. Constitution allow the government to take property from one private party in order to give it to another private party because the new owner might produce more profit and more taxes for the City from the land?
Today the Supreme Court ruled in favor of the city of New London, dealing a stinging and possibly fatal setback to the homeowners' campaign to avoid having their homes condemned, seized, and torn down for private developers to take over:
Connecticut residents involved in the lawsuit expressed dismay and pledged to keep fighting.

"It's a little shocking to believe you can lose your home in this country," said resident Bill Von Winkle, who said he would refuse to leave his home, even if bulldozers showed up. "I won't be going anywhere. Not my house. This is definitely not the last word."

Scott Bullock, an attorney for the Institute for Justice representing the families, added: "A narrow majority of the court simply got the law wrong today and our Constitution and country will suffer as a result."

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."

Susette Kelo and several other homeowners in a working-class neighborhood in New London, Conn., filed suit after city officials announced plans to raze their homes for a riverfront hotel, health club and offices.
NPI is disappointed in the court's decision and hopes that the state of Connecticut will pass a law to prevent the city of New London and other municipalities from continuing to abuse the power of eminent domain. Tearing down neighborhoods to build hotels and other pricier properties to generate more revenue for city coffers is simply wrong.

How would you feel - if it was your home, and not Suzette Kelo's? Many homeowners would be up in arms. It's a shame that the Supreme Court has justified this abuse of power.

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