Kelo v. New London Round II: The Grab that Keeps on Grabbing

2005-08-18
By

Thought you heard the last of the eminent domain story? Think again. [Link found at Protein Wisdom]

Now The New London Development Corp., the semi-public organization hired by the city to facilitate the land deal, is going to charge the plaintiffs back rent for the five years they were fighting the confiscation of their property, and NLDC will only have to pay 2000 property values as “fair” compensation.

NLDC’s lawyers wrote, “We know your clients did not expect to live in city-owned property for free, or rent out that property and pocket the profits, if they ultimately lost the case.” They warned that “this problem will only get worse with the passage of time,” and that the city was prepared to sue for the money if need be.

This story makes me sick. How far have we devolved when the government can get away with this obvious violation of Constitutional rights to property and call it Constitutional?

I hope that Logan Darrow Clements’ Lost Liberty Hotel project in Weare NH to seize Justice Souter’s land at 34 Cilley Hill Road is a success. Apparently all it would take is 25 signatures to get an initiative for their March 2006 ballot. This had to be done since the Board of Selectman denied his initial request. I wonder why?

12 views

  • http://www.blogger.com/profile/5175957 Denis

    Pete, hopefully this will wake Americans up…but I have my doubts. It appears that Americans are too willing to give up their rights and freedoms. Recent history is proving this.

    As you know, emminent domain means the government can take property, but is required to compensate the fair value of property seize, and use it for public use only….highways….public streets, and so on. It took a couple hundred years for ‘Justices’ to claim there exists a right per Kelo vs.New London.

    In a similar way that previous case law decisions led to the
    so-called privacy right to abortion….the same pattern will probably emerge to claim a right to same-sex marriage. That isn’t here yet but decisions about cases in Texas and Michigan are setting up that prospect. In both cases activist Supreme Court judges are making up law and creating what does not exist in the Constitution.
    Same-sex marriage is being pushed through to legitimize homosexuals as a protected class deserving special rights, protections, and preferences. This will take more liberty (what remains) from everyone else (in the same way the liberty of men was taken away by women over the past 40 years).

    Kelo vs. New London is different in that many Americans are vulnerable. Maybe this will wake people up.

    In California, a recent court decision now allows employees to sue for sexual harrassment when another employee, a co-worker, has a relationship with a manager. Sexual harrassment was meant to rectify true harrassment but has morphed from that into a windfall for lawyers and greedy women to sue based on their own interpretation of what harrassment is—allowing the ‘victim’ to define harrassment—and has morphed again into allowing those who are actually not direct victims of any harrassment at all to sue. How crazy is that? We Americans give up our rights too easily. (Maybe Kelo vs. New London won’t wake people up.) Employees in California are going to get even more paranoid about being accused of something unfairly (particularly the men)from other employees (particularly the women)than they have been over the past 20 years. California I believe, was a member of the former Soviet Union. It sure seems that way anyways.

    I listened to one home owner (radio)in New London who is fighting to keep is home. The home is waterfront property. Granted, New London is not La Jolla, but the fair market value according to him is somewhere between $300K and $400K. NLDC has offered him $60K.

    We Americans had better wake up. The government, the elitists, and the powerful corporations are making the rest of us serfs. And it’s happenng so fast I’m not sure the serfs have much of a chance anymore.

    I hope I’m wrong.

  • http://www.blogger.com/profile/5175957 Denis

    Pete, hopefully this will wake Americans up…but I have my doubts. It appears that Americans are too willing to give up their rights and freedoms. Recent history is proving this.

    As you know, emminent domain means the government can take property, but is required to compensate the fair value of property seize, and use it for public use only….highways….public streets, and so on. It took a couple hundred years for ‘Justices’ to claim there exists a right per Kelo vs.New London.

    In a similar way that previous case law decisions led to the
    so-called privacy right to abortion….the same pattern will probably emerge to claim a right to same-sex marriage. That isn’t here yet but decisions about cases in Texas and Michigan are setting up that prospect. In both cases activist Supreme Court judges are making up law and creating what does not exist in the Constitution.
    Same-sex marriage is being pushed through to legitimize homosexuals as a protected class deserving special rights, protections, and preferences. This will take more liberty (what remains) from everyone else (in the same way the liberty of men was taken away by women over the past 40 years).

    Kelo vs. New London is different in that many Americans are vulnerable. Maybe this will wake people up.

    In California, a recent court decision now allows employees to sue for sexual harrassment when another employee, a co-worker, has a relationship with a manager. Sexual harrassment was meant to rectify true harrassment but has morphed from that into a windfall for lawyers and greedy women to sue based on their own interpretation of what harrassment is—allowing the ‘victim’ to define harrassment—and has morphed again into allowing those who are actually not direct victims of any harrassment at all to sue. How crazy is that? We Americans give up our rights too easily. (Maybe Kelo vs. New London won’t wake people up.) Employees in California are going to get even more paranoid about being accused of something unfairly (particularly the men)from other employees (particularly the women)than they have been over the past 20 years. California I believe, was a member of the former Soviet Union. It sure seems that way anyways.

    I listened to one home owner (radio)in New London who is fighting to keep is home. The home is waterfront property. Granted, New London is not La Jolla, but the fair market value according to him is somewhere between $300K and $400K. NLDC has offered him $60K.

    We Americans had better wake up. The government, the elitists, and the powerful corporations are making the rest of us serfs. And it’s happenng so fast I’m not sure the serfs have much of a chance anymore.

    I hope I’m wrong.

  • http://www.blogger.com/profile/1787606 PolishKnight

    At the risk of being unpopular…
    I’m going to disagree with you on BOTH cases you mention. But only because I’m being a devil’s advocate and thinking in broader terms:

    In the case of the recent S.C. decision on eminent domain, the court may have been right if perhaps for the wrong reason: True states’ rights interpretion would argue that the Bill of Rights applies to the FEDERAL government and limits it’s powers. Even conservatives who try to limit the power of _state_ and _local_ governments using the bill of rights open up a can of worms empowering the S.C. to begin with, yes? Think about it. The place where states and localities should be limited should be at the state constitution and legislator level.

    Next: sexual harassment. A lot of conservatives also buy into leftist claptrap about some regulations and feminism helping women and righting wrongs, blah blah blah. But the fact is that theoretically, “sexual harassment” legislation was more or less redundant. A boss threatening to fire a woman if she doesn’t provide him with sex, for example, probably could have been charged with extortion just as the violence against women act was also a federalized dog and pony show. By the time such legislation is introduced, the issue to be addressed is probably already being addressed both legally and socially. (That’s why the federalized legislation is so easy to pass. They don’t like solving REAL problems!)

  • http://www.blogger.com/profile/1787606 PolishKnight

    At the risk of being unpopular…
    I’m going to disagree with you on BOTH cases you mention. But only because I’m being a devil’s advocate and thinking in broader terms:

    In the case of the recent S.C. decision on eminent domain, the court may have been right if perhaps for the wrong reason: True states’ rights interpretion would argue that the Bill of Rights applies to the FEDERAL government and limits it’s powers. Even conservatives who try to limit the power of _state_ and _local_ governments using the bill of rights open up a can of worms empowering the S.C. to begin with, yes? Think about it. The place where states and localities should be limited should be at the state constitution and legislator level.

    Next: sexual harassment. A lot of conservatives also buy into leftist claptrap about some regulations and feminism helping women and righting wrongs, blah blah blah. But the fact is that theoretically, “sexual harassment” legislation was more or less redundant. A boss threatening to fire a woman if she doesn’t provide him with sex, for example, probably could have been charged with extortion just as the violence against women act was also a federalized dog and pony show. By the time such legislation is introduced, the issue to be addressed is probably already being addressed both legally and socially. (That’s why the federalized legislation is so easy to pass. They don’t like solving REAL problems!)

  • http://www.blogger.com/profile/2823051 Pete

    As I stated earlier, it is now up to the states to limit/define eminent domain. It is however fairly clear that the Federal Constitution provides for personal property rights even though the courts are free to define them as they see fit… as they have done in Kelo. So, you are, in essence, correct.

    That said, what the Scotus did is just wrong… Damnit!

  • http://www.blogger.com/profile/2823051 Pete

    As I stated earlier, it is now up to the states to limit/define eminent domain. It is however fairly clear that the Federal Constitution provides for personal property rights even though the courts are free to define them as they see fit… as they have done in Kelo. So, you are, in essence, correct.

    That said, what the Scotus did is just wrong… Damnit!






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