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 Witchvox Chapter: Wren's Nest News   Chapter Page Views: 59,684,567  

Article: 13259

[Legal]

Date Posted:
6/24/2005
7:47:54 am EDT


Wvox Stats

Views: 19,522

RSS: 8,584

Comments: 12

High Court Sticks It To The Little Guy (Opinion)

Author: Steven Greenhut, The Orange County Register   Source: KRT

Title: HIGH COURT STICKS IT TO THE LITTLE GUY

When the leader of the city of New London, Conn.,'s development corporation was asked about her role in driving middle-class residents out of their well-kept homes to make way for condos, a hotel and upscale shopping, she made a chilling declaration. "Anything that's working in our great nation is working because somebody left skin on the sidewalk," she said, according to the Institute for Justice, which challenged that redevelopment plan in the U.S. Supreme Court.

Well, the nation's high court on Thursday, in a rebuttal to views of the nation's founders, declared that any property owner anywhere in America can be called on by government to leave their skin on the sidewalk. The good of the individual must yield to the good of the community, as defined by government officials. That's now the law of the land, and expect its impact to be felt widely.

In Kelo v. the City of New London, the Supreme Court ruled 5-4 that eminent domain - the power to take property by force, upon "just" compensation to the owner - was justified for almost any reason.

The irony is liberals claim to speak for the downtrodden and conservatives supposedly stick up for the big developers. Yet the liberals on the court - John Paul Stevens, Stephen Breyer, Ruth Bader Ginsburg and David Souter - and the middle-of-the-road Anthony Kennedy have endorsed a world in which the little guy must always yield to the politically powerful. The conservatives - Clarence Thomas, Antonin Scalia, William Rehnquist and Sandra Day O'Connor - stood up for the little guy.

Additional Article Link: [Click HERE]  
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 Community Thoughts:   There are 12 comments posted Reverse Sort 

Once Again, Money Makes Policy Jun 25th. at 8:22:45 am EDT

Richard Brownbear (North Wilkesboro, North Carolina) - Email Me

The richer get filthier, and the poor pay for it. Same story, different year.

They'll be in for a BIG surprise if they try to take my house for some idiotic "Kwiki-Mart" or another Consumer Idol of Worship shopping mall.

I hate violence in all it's forms, but wrong is WRONG.

Blessings to All!



Fustrating Jun 24th. at 2:03:46 pm EDT

Sleepycougar (Sierra Vista, Arizona) - Email Me

How fustrating that the "liberal" Judges didn't stand up for liberty. Now what we need to see is a change in the Law, the balance between the needs of the individual and the needs of the community must be restored.



High Court Jun 24th. at 1:26:01 pm EDT

Jskelly (Ashland, Virginia) - Email Me

It just is really scary to find myself agreeing with....arghhh! Where is this going to end? The logical next thing is any rich person who wants to build a Mcmansion where your little house sits can take your home away. Let us not forget that when the city says, "we're taking your home for the benefit of the whole city, ' you ARE the city.



Sheesh... Jun 24th. at 12:43:48 pm EDT

Songweaver (Anaheim, California) - Email Me

You'd think that a writer for the Orange County Register would get the Cypress story right. It had nothing to do with eminent domain. The Cypress issue involved a plot of land that was not zoned for a church. The Cottonwood Christian Fellowship (or whatever the official name is; it is Cottonwood, though) knew this before they bought the land, then they tried to claim discrimination based on religion. This dragged on forever until a land swap was agreed to by both parties. The plot in question was ultimately sold to Costco, and Cottonwood got a larger parcel in another part of the city.

That said, I fear for the people in Garden Grove who have been fighting the city's plans to try to turn Garden Grove into yet another suburb of Disneyland. These folks won't have a chance when the city decides to level their homes and put up their huge hotels and possible casino in an area that simply can't handle that. This was clearly a vote for business at the expesne of the 'little people'. Maybe this is an example of that 'ownership society' we keep hearing about; looks like the corporations and that top 0.1% will be owning the rest of us soon.



My Own Stand Wouldn't Have Included This! Jun 24th. at 11:25:27 am EDT

bigcat (peoria, Illinois) - Email Me

That's certainly what it sounds like. And I will admit being shocked at the voters who opted for this-- and somewhat surprised by those who opposed. So I have to ask, for those that opted for this insidious decision what is in it for them? They must have been paid well.

This is something I would have opposed from the start, having known what it's like for my mother and myself, to be pushed out of a home, both by blight and business. Worse, after having sat at city hall for several days at a time awaiting a full quorum-- only to be told to our faces by the then current mayor that he would rather save face than oppose the parking lot on the property right next door to us-- a property that had been appropriated by a bar across the street- no less.

Nevertheless, we tried to fight it-- to no avail. Finally we had our house torn down once we made our move out to a safer area, but it was a costly move-- and not easy.

When it came time for him to run for re-election, the mayor still had the temerity to ask that we vote for him!

Guess which way we went?



Two Words... Conservation Easement Jun 24th. at 9:05:14 am EDT

Greymist (Alexandria, Virginia) - Email Me

If the government wants to play, so be it. I believe more and more land owners will consider conservation easments. Granted, it's not a perfect solution for everyone, however, there are other options. Setting up and managing santuaries and other conservation projects are an idea. (Another idea is taking a boot to certain judges... but that's another story!) Will it require extra work? Yes. Will it be worth it in the long run? Maybe. Should we have to jump through bureaucratic hoops and fear any day now the government will seize our land and house and give us their idea of "fair compensation"? No.



Liberals, Socialists And Communists Jun 24th. at 8:18:18 am EDT

Red Cedar Owl (Deville, Louisiana) - Email Me

I may be the only Republican Pagan on this site, but this story, now, makes the second time that the conservatives on the high court GOT IT RIGHT.

The medical marijuana case was about STATES rights and this case is about PRIVATE property rights. We need one or two more conservative judges on the bench. One should always be very careful running to the courts to solve ALL of life's problems. I was raised to believe in truth, honesty, fairness and justice. Being conservative does not mean being pig headed or shortsighted.
The political climate in our country today is appalling. Rational discourse is all but impossible. Be careful what camp you choose. Was Clinton a bad President, NO. Was he a lying, womanizing skunk, YES. Is Bush a bad President, NO. Is he shortsided and a thumper, YES.

Be careful the cloaks you wear lest you be soiled by their dirt. (from the shadow book of Red Cedar Owl)

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