I have been to New London, I have extended family that lives there, while I understand the need for the City to create more economic opportunities I still do not believe that the government has the right to take homes for private industry. What the Supreme Court stated was basically those who are going to loose their homes should have tried to get State Law changed since the majority could not rule on this as a Fifth Amendment issue.
Some of the background information:
Petitioner Susette Kelo has lived in the Fort Trumbull area since 1997. She has made extensive improvements to her house, which she prizes for its water view. Petitioner Wilhelmina Dery was born in her Fort Trumbull house in 1918 and has lived there her entire life. Her husband Charles (also a petitioner) has lived in the house since they married some 60 years ago. In all, the nine petitioners own 15 properties in Fort Trumbull--4 in parcel 3 of the development plan and 11 in parcel 4A. Ten of the parcels are occupied by the owner or a family member; the other five are held as investment properties. There is no allegation that any of these properties is blighted or otherwise in poor condition; rather, they were condemned only because they happen to be located in the development area.
Justice O'Connor, with whom The Chief Justice, Justice Scalia, and Justice Thomas join, dissenting.
Over two centuries ago, just after the Bill of Rights was ratified, Justice Chase wrote:
"An act of the Legislature (for I cannot call it a law) contrary to the great first principles of the social compact, cannot be considered a rightful exercise of legislative authority ... . A few instances will suffice to explain what I mean... . [A] law that takes property from A. and gives it to B: It is against all reason and justice, for a people to entrust a Legislature with such powers; and, therefore, it cannot be presumed that they have done it." Calder v. Bull, 3 Dall. 386, 388 (1798).
Today the Court abandons this long-held, basic limitation on government power. Under the banner of economic development, all private property is now vulnerable to being taken and transferred to another private owner, so long as it might be upgraded--i.e., given to an owner who will use it in a way that the legislature deems more beneficial to the public--in the process.
To reason, as the Court does, that the incidental public benefits resulting from the subsequent ordinary use of private property render economic development takings "for public use" is to wash out any distinction between private and public use of property--and thereby effectively to delete the words "for public use" from the Takings Clause of the Fifth Amendment. Accordingly I respectfully dissent.
Read the Opinion Here
It means no one's home is safe and supposedly the idea of just compensation makes up for this, how do you compensate someone who is about to loose the home they were born in? Can you replicate the memories of those years spent there? Can you put a price tag on that?
Several of the families involved say they are not giving up, however in the end unless they can somehow get the State Laws changed in time, the bulldozers will come and they will be forced out. The good of the many outweigh the needs of the few, but at times that comes at too high of a price for those few.
4 comments:
We agree again.
uh oh...am I becoming more conservative or are you becoming more liberal?
lol
:-)
Best regards from NY!
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