Liberty
Matters News Service
October 25, 2005
Kelo's Aftershocks
After seven years of aiding and abetting the abuse of its citizens, the New London City Council finally woke up last week and fired the New London Development Corporation (NLDC), the private agency that was given the government's power of eminent domain. The City stood by while the NLDC spent nearly $73 million tax dollars to destroy almost 90 acres of the Fort Trumbull area that still sit empty. The development was held up, claimed NLDC officials, because the residents of a two-acre plot refused to be bullied into giving up their property. Hence, the now infamous Kelo case. "The City gave its power to a private, un-elected development corporation that had no accountability," said Dan Berliner, senior attorney for the Institute of Justice. But, Council members were not unaware there was wide-spread opposition to the urban destruction project. "Homeowners testified and begged to keep their homes, but the City Council refused to listen to them," Berliner continued. "Throughout this battle, the City and NLDC didn't believe the homeowners would fight to defend what rightfully belonged to them," she said. "The City and NLDC thought they had the power and that they could simply steamroll anyone who opposed them." Aftershocks continue to rumble across the country. Last week the Senate adopted an amendment to the transportation, treasury and housing spending bill that would prevent funding for commercial projects that rely on the abuse of eminent domain. "People should not be forced out of their homes at the will of any private development," said Sen. Kit Bond (R-MO), sponsor of the amendment that is expected to pass the Senate this week. Additionally, more than two dozen states are considering legislation to further protect property owners from eminent domain abuse.
Prescription for an Ill-Fated Land
Grab
Spending Bill Would Blunt Supreme
Court's Property Seizure Ruling
Oregon's Measure 37 Ruled Unconstitutional, Again
Governor Ted Kulongoski's hand-picked judge, Marion County Circuit Judge Mary James, has dutifully thrown out Oregon's voter-approved Measure 37 that require state and local governments to compensate property owners if land use regulations denied them full use of their land. Judge Mary James said the measure impinged on the government's exercise of police powers and that it unfairly provided compensation for longtime property owners, but did not offer relief against oppressive regulation to those who bought property at a later date. After a similar measure was deemed unconstitutional four years ago by liberal courts, Oregonians In Action constructed Measure 37 that they believed met all the constitutional requirements and now they intend to try again in 2006. "If this means a Measure 38, we'll be back with a Measure 38, " said David Hunnicutt, director of the group. "At some point, the courts will understand that people deserve the right to have their property protected." Washington State is hoping to correct its own regulatory problems in the 2006 election, too. The Washington State Farm Bureau is preparing to file an initiative that would rein in state and local government's abusive land use regulations that property owners are complaining have gone too far. "The goal would be to require the government to either compensate for the devalued property or the loss of reasonable use - or not apply the regulation," Farm Bureau spokesman, Dean Boyer said. Boyer said he doesn't expect the Washington State proposal to meet the same fate as Oregon's Measure 37 because, he said, "[we] would not expect to face a similar challenge because we have never intended to pattern ours on Measure 37."
Marion County Decision on Measure
37
Oregon Property Rights
Backers of Property Rights Effort Push Ahead
Reno's the Place to be
One of the most important conferences on property rights takes place this Friday in Reno, Nevada. Sponsored by the property rights organization, Stewards of the Range, the all star panel includes:
- Michael Coffman on Taking Liberty
- Dan Byfield on why conservation easements aren't the solution
- Ladd Bedford and Mike Van Zandt on the Supreme Courts recent property rights rulings.
- Helen Chenoweth-Hage on how we only lose when we give up
- David Ridenour and RJ Smith on the current endangered species legislation
- Paul Terrill on how states are protecting property rights after Kelo
- Fred Grant on strategies that work at the local level to protect your rights
- Sheriff Gary Aman, who has successfully prevented the Federal Land Management Agencies from overstepping their authority in Owyhee County.
- Wayne Hage, who has been in the trenches longer and deeper than anyone.
There will also be a special presentation with internationally renowned western artist, Jack Swanson and the Lowry family who is fighting the precedent setting water rights case in Idaho. If you need to meet with an attorney, you can also schedule a private consultation with one of the top attorneys speaking on the agenda. There is a bonus workshop Saturday morning on the coordinating counties program Fred Grant has created that is keeping federal encroachment at bay. You don't want to miss this, but time is running out to register. Go to www.stewards.us or call 1-800-700-5922 for more information.