Eminent Domain

Read that title and imagine a deep booming voice saying it. Kind of scary isn’t it?

From Hollywood

In 2004, the commission promised Abele it would use its eminent domain powers to take Katalin and George Mach’s building, which for years was home to their beauty salon, if he could not buy them out.

To Illinois

Illinois legislators are considering a bill that would put stringent limits on when and how governments could take private land.

Property rights groups are ready to celebrate.

But opponents say the measure, which would apply to municipalities and government bodies such as the Southwestern Illinois Development Authority in Collinsville, could halt or slow projects ranging from brownfield renewal to retail expansions.

Passed 85-6 Wednesday by the House, the 450-page bill would require that any government wanting to take private property for private development – as opposed to public uses such as roads or schools – would have to meet a higher legal standard before it could begin seizure proceedings.

Under the bill, governments would have to show by clear and convincing evidence that they were taking property for the public good – a much tougher standard than now applies, lawyers say.

Supporters and opponents agree that the new standard would prolong eminent domain court cases; supporters say that will help protect property owners, but opponents say the new legal hurdle could slow or stop economic revitalization.

The bill now goes to the Senate, which has already passed a version of it. From there it would go to Gov. Rod Blagojevich, who is expected to sign it into law.

SCOTUS opened Pandora’s box in the Kelo decision and now legislatures have to close it.

Some of you may not know this but the term pursuit of happiness references owning land. Yup, Life, Liberty and the Pursuit of happiness(land). SCOTUS doesn’t seem to care about that unalienable right, now does it.

People, the right for each of us to own our own land is extremely important to our way of life, and it is a communist/socialist concept that the government owns all land. Oh, and the good of the many over the good of the few, when it comes to an individual’s rights, does not hold muster.

The Kelo decision is one of the worst decisions to ever come out of the Supreme Court, followed by the Medical Marijuana case in which they extended the Federal governments authority through Interstate commerce! You think Pot is dangerous? HA! Expanding Federal power, now that is dangerous!

Wake up people and get off your Big government jones. I do not need another Mother or Father, but it seems you do…

2 thoughts on “Eminent Domain

  1. The kelo case was a violation of the most important provisions of the thirteenth and fourteenth articles of amendment of the Constitution.
    The jurisdiction and the duty of this court to review the judgment of the State court on those questions is clear and is imperative.

    “the distinction between private use and public use,” asserting that a private use which provided merely incidental benefits to the state was “not enough to justify use of the condemnation power.”-Scalia

    Government exists to protect rather than transfer or redistribute property.

    Society surrenders its freedom when it fails to respect the personal dignity of its members.

    This is my land, this is your land, not my land is your land.

    If our property is to be surrendered to others, it will make no deference by which authority it is done.

    If the administrators of our local government are actuated by the views of private interests and ambitions in the taking of property, how is the welfare and happiness of the people in our community to be the result.

    The insatiable thirst for control over a fellows property is now satisfied.

    The forced servitude of persons or their property or their labors are considerations that should not belong in the hands of our elected.

    Individuals entering into society, must give up a share of liberty to preserve the rest. But the surrender of our property to others for their full share of our labors is not an inclusion into society rather it is an exclusion from society.

    The social compact treats citizens as partners. in a republic dedicated to the social compact, the only way to make a citizen sacrifice his propety rights is to guarantee that the sacrifice goes to the public,to the entire partnership and not to any one partner.

    The fourteenth amendment imposes a separate public-use limitation on the states as the fifth amendment dose on congress.

    A man enters into a society to preserve his property this is one of the ends he prepossess to himself when he enters that society.

    Private property is the third absolute right.

    All communities have an essential interest in the protection of their individual citizens rights.

    The common good that a man dose for his community should not be judged by some others contributions to that community for we all contribute in our own abilities and it is the whole of thoughs contributions that make the whole of our communities.

    The burden of property and personal protection is placed upon that community at large when a man enters and is expected into that community, the contract then becomes I will abide by the laws and I will contribute to our union and you will protect me for your benefit and mine

    When a man invest himself into a community and a community invest in him it then becomes a mutual investment what is mine is mine and what is yours is yours but now we shall share what is ours for the mutual pleasures of both and not for that of others

    The 14th amendment was not argued to the supreme court by the plaintiff in kelo case nor was it considered by the majority ruling. It was however pointed out by O’connor in her minority decent that the 14th made applicable the 5th amendment.

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