Liberty
Matters News Service
October 14, 2005
D. C. Home Owners Facing Eviction for Ballpark
The predictions of Supreme Court Justice Thomas, who wrote a dissenting opinion in Kelo v. New London, is now coming to pass. "Allowing the government to take property solely for public purposes is bad enough, but extending the concept of public purpose to encompass any economically beneficial goal guarantees that these losses will fall disproportionately on poor communities," Justice Clarence Thomas wrote. Truer words were never spoken. Twenty-three Washington, D.C., residents are currently facing eviction to make room for the new National's $535 million baseball stadium. City officials will begin using eminent domain authority by the end of this month to acquire some of the 21 acres of land they want for the new facility. The City notified property owners in April they would have to vacate their premises by December 31, but so far, about half of the landowners have ignored the city's overtures and many say their properties are worth far more than the City is offering and some are suing, claiming the City has no right to condemn their private property and turn it over to another private entity. That argument was set on its ear in June when the Supreme Court ruled against New London, Ct., homeowners in a similar case, the now infamous Kelo case. Citing the need for economic revitalization, Mayor Michael Brown says that the community of Riviera Beach, FL would benefit by condemning the homes of the mostly poor, predominantly black folks to make way for a billion-dollar yachting marina and high-dollar housing for the well-to-do. Spokesman for Viking Properties, the expected beneficiary of the condemnation, Peter Frederiksen said, "people with yachts need a place to keep and service them."
Landowners Must Yield to
Ballpark
Florida City Considers
Eminent Domain
Supreme Court to Hear Wetlands Cases
Supreme Court Chief Justice Roberts has wasted no time getting his feet wet by hearing three cases that could put a damper on the federal government's control over private property. The first case is that of Michigan developer John Rapanos who has been persecuted by the federal government since the 1980s. Rapanos was convicted of violating the wetlands section of the Clean Water Act for filling his property with sand. His property was never a wetland and is twenty miles from a navigable river. The other two cases are Carabell v. Army Corps of Engineers and S. D. Warren Co. v. ME Board of Environmental Protection. The Army Corps of Engineers is the regulatory agency involved in overseeing construction near wetlands areas and according to Paul Kamenar, attorney for the Washington Legal Foundation, "[T]hey define wetlands so broadly that even dry desert areas of Arizona are being called wetlands." The government's claim of regulatory authority in the three cases largely rests on the Commerce Clause and should a Roberts Court decide the government has overstepped its authority, well then…Jonathan Cannon, former EPA lawyer, opined that a ruling limiting government power could jeopardize other environmental laws, including the ESA. Predictably, the Bush administration had tried to dissuade the court from hearing these sticky issues.
California Judge Fouls Christmas Plans
A ruling by a federal judge in California last July may mean there will be no Christmas tree gracing our nation's capitol this year. Judge James K. Singleton of the Eastern District Court of California ruling for environmentalists, stopped the U. S. Forest Service from removing dead and damaged trees in the Sequoia National Forest, saying the Service failed to provide adequate time for protests by the greens. A USFS regulation allowed projects to proceed without comment if they had little or no environmental impact. That didn't suit the Earth Island Institute who sued the agency in 2003, charging it broke the law by exempting some projects from comment and appeal. The Service immediately halted all "categorical exclusions" in the Sequoia forest, but the judge wasn't finished with them. The cease and desist order applies nationwide, said Judge Singleton, in a subsequent ruling. Now more than 1,500 permits are suspended until the agency adds a 105-day notice, comment and appeal period. Included in the suspension are 40 permits for Boy and Girl Scout activities and family reunions, fire prevention projects on tens of thousands of forest acres, 100 permits for hunting, fishing, and horseback riding, and 15 ski area projects that may eliminate this year's ski season in some areas. New Mexico Senators Domenici and Bingaman have written Attorney General Gonzales and Agriculture Secretary Mike Johanns asking them to relax the rules so the tree can be cut. If they must wait until the end of the comment period the tree won't reach Washington until Valentine's Day.
Forest Service, Bowing to Court, Embraces Scrooge
Don't Miss Out - Two Great Conferences Coming Up
Whether you're close to the east or west coast, you can participate in a great conference that will help you learn more about what you can do to protect your property rights. The Property Rights Foundation of America is holding its 9th Annual Conference in Albany, New York on October 22nd. Call 518-696-5748 for more information. Stewards of the Range is holding its annual conference in Reno, Nevada the following week, October 28th. Call 1-800-700-5922 or go to www.stewards.us for more details. Make plans to attend one of these today.