08-17-2005, 04:00 PM #1
Congress to stop 'eminent domain' abuses
This is awesome. Sometimes, something so stupid happens that the entire country is outraged and it reminds Congress of who it actually works for.
Congress has passed an amendment to a spending bill that effectively nullifies the Supreme Court decision that local governments can steal property from their citizens to give to corporations. Put simply, if a city government steals property the way New London, Connecticut stole property from its citizens to give to a land developer, the Federal government cuts off all funding to that city.
I have to admit, if what happened to those people in New London had happened to me, I’d be tempted to toss a few molotovs through the windows at City Hall. The government did something very wrong and the legal process failed to correct it. That is one of the worst abuses of power I’ve heard of in an American city for the last century. When the government goes rogue and the legal process fails to correct the situation….. Well, that is exactly why we have the 2nd Amendment.
Thankfully, it seems that the legal process didn’t fail after all. Congress has every right to deny funding to anything that displeases it. Hopefully this new Congressional action stops the abuse in New London and certainly it should scare off other cities from doing the same.
08-17-2005, 04:56 PM #2
If you are an american citizen you should read about this...
Last edited by Mesomorphyl; 08-17-2005 at 05:09 PM.
08-17-2005, 07:15 PM #3
The problem with eminent domain is the Constitution itself fails to protect The People's property rights.
Amendment 5 states: ";nor shall private property be taken for public use without just compensation."
As you can see, this allows property to be taken for essentially any reason, including economic developement. Or at least it certainly doesn't forbid its seizure for public economic uses in the wording.
The Founders bet on the fact that the property needed to be taken for "public use", and it needed to be paid for, to keep individual private property safe and free from pervasive molestation by local and state government. They failed miserably in this instance.
"Public use" is an entirely too broad definition of the purpose the seized property must serve.
The Amendment is imperfect, and itself needs further amending.
A more narrow definition of public use needs to be included in the amendment. I would even propose prohibiting all forcible takings of private property alltogether. This would be best, and would prevent tyranny inthe future.
Any project that suposedly serves a public use can be contracted to a private entity, and that entity would have the full burden of bidding on each property owner's belongings and reaching an agreement over compensation. If the homeowner refuses to sell, tough shit. They can buid the damn highway around them.
On the subject of the Connecticut property owners: if the city government had stolen my property the way they did to those poor saps, I would have brought my own little war to their doorsteps, and into their very homes.
08-18-2005, 12:02 PM #4
Suxs for american citizens. Closest thing in Irealnd are CPO's. Even then there are legal processes that must be followed.
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