Government reaction to the Kelo (eminent domain) decision

see "Ruling Sets Off Tug of War Over Private Property" (NY Times, 7/30/05)
http://www.nytimes.com/2005/07/30/national/30property.html?
and House Resolution 340
http://thomas.loc.gov/cgi-bin/query/D?c109:2:./temp/~c109X1Tt0M::

The New York Times reports the expected mixed reactions from governments around the country to the disastrous Kelo decision: some governments are considering changing their state laws to disallow taking private property for "economic development" and some states or towns are moving ahead with that sort of legalized theft as quickly as they can.

Remember, we are not defenseless in this war against government power expanding at the expense of our most basic rights. Talk to your state legislators, protest in front of the governor's mansion. Write letters to the editor. Don't take this lying down or you will soon be lying down in front of a tractor about to bulldoze your home or business.

The House of Representatives has some interesting bills pending, including:
HR 3268, the Eminent Domain Tax Relief Act of 2005, which will exclude from income tax the profits from any asset the sale of which was forced by eminent domain.

HR 3083, the Protection of Homes, Small Businesses, and Private Property Act of 2005, which reminds us that the Constitution requires "public use" for eminent domain to be allowed and instructs that economic development reasons are not a public use.

HR 3135, the Private Property Rights Protection Act of 2005, which says that the Federal government may not use economic development as a reason to exercise eminent domain and that no Federal funds may go to any state economic development project which used eminment domain.

The similar HR 3405 which prohibits Federal economic assistance to any state or local government which uses eminent domain for private commercial development or does not pay to relocate those displaced by such action. (The last part seems redundant because I don't see how it can be true without the first part being true.)

HR 3315, which amends "title I of the Housing and Community Development Act of 1974 to withhold community development block grant funds from States and communities that do not prohibit the use of the power of eminent domain that involves the taking of the property from private persons for commercial or economic development purposes and transfer of the property to other private persons." I'm pleased to see one of these bills introduced by a Democrat.

A month ago, the House of Representatives passed House Resolution 340, condemming the decision. You can read the resolution HERE.

The vote on the resolution was 365 for, 33 against, and 18 "present". If any of you live in districts with Representatives who voted against or present, I urge you to help defeat these co-conspirators in their next election.

I am not overstating the case by saying that a vote against this resolution is a sign of evil, of not caring a bit for the clear language of our Constitution, of being willing to support actions of government similar to what we used to decry as tyranny in the Soviet Union or Cuba. These politicians are a danger to the country and should be removed from office with all possible speed.

You can find the vote count here:
http://clerk.house.gov/evs/2005/roll361.xml

In case you don't want the extra "click", here is the list:

---- NAYS 33 ---

Allen
Baird
Case
DeGette
Dicks
Dingell
Fattah
Green, Al
Grijalva
Hastings (FL)
Hostettler
Inslee
Jackson (IL)
Jones (OH)
Kilpatrick (MI)
Larsen (WA)
Lee
Levin
Lowey
Matsui
McDermott
Miller (NC)
Moran (VA)
Nadler
Oberstar
Pastor
Payne
Rothman
Sherman
Stark
Watson
Waxman
Wynn

---- ANSWERED “PRESENT” 18 ---

Ackerman
Blumenauer
Capuano
Granger
Holt
Kaptur
McCollum (MN)
Neal (MA)
Olver
Paul
Sabo
Sanchez, Loretta
Schakowsky
Snyder
Tierney
Turner
Watt
Wu

  • TF Stern
    Comment from: TF Stern
    08/02/05 @ 09:06:06 am

    This is one of my hot buttons and I have been writing letters to lots of folks. The obligatory return letters have no real meaning, having been sent by either a clerk who stuffs envelopes all day, or worse, a computer generated form letter.

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