Welcome to your Serfdom - Kelo v. City of New London
Topic: Law
Kelo v. City of New LondonThis is a case about the government taking your property to give to another for their private use. The rationale behind taking your property and giving it to another private use is that the other person or corporation will improve the land, increase the tax base of the land and in a trickle down sort of way, provide for a larger tax base for the local government involved. So you and your little property taxes are not enough when Wal Mart comes a knocking. This simply means that your serfdom becomes more apparent. What you own is not your own. The right to property which our forefathers fought for and tore away from the English empire for and even enshrined in the Constitution mean nothing. It's more like the idea that all the lands belong to the King and you use them at his suffrage. Like I said, welcome to your serfdom.
Using eminent domain the government is allowed to seize your property for a public use. The Fifth Amendment : Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
In reading the various blogs and opinions
Professor Bainbridge Volokh on this I see many lawyers dissecting the words and separating this section 'without due process of law; nor shall private property be taken for public use, without just compensation.' Some are arguing that the comma after public use means that 'private use' may then be allowed. Right.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Which means that it isn't there, so you can't make it up. Not to mention that original intent would be clear here. The Fifth Amendment speaks to curbing the power of the government, not giving power to the government. Of course, this doesn't really matter. What matters is what those 9 Justices do. Separated as they are from the world in many ways it is possible that they will see this as an extension of the opening given in the Fifth Amendment to the fight against urban blight. The somewhat successful efforts to condemn blighted properties and turning them into something useful. The key words are 'blighted properties' and the desire to take something dangerous and blighted and eliminate it. By simply eliminating the problems in these cases there is an improvement. In the Kelo case the government is taking perfectly good homes, condemning them and giving them over to a private developer. In addition, the actual use for this property isn't even known. It is along the slippery slope of takings by the government and a instance of the natural progression of taking more power and more power until the original use and meaning of the Fifth Amendment is so distorted as to be unrecognizable. It's a shame and if the buzz after the oral arguments are to be believed then your property rights aren't worth the deed they are written on.
Posted by gilbert davis
at 8:50 AM EST
Updated: Thursday, 24 February 2005 8:52 AM EST