Eminent domain surges after ruling

Are they coming for your property eventually?

From The Washington Times:

The Supreme Court’s decision last year to allow cities and states to seize property for private development “opened the floodgates” to eminent domain actions nationwide, a report says.

In the year since the Kelo decision, nearly 6,000 properties nationwide have been threatened or taken under that precedent, more than half the number that had been seized over a previous five-year period, said a report released yesterday by the Institute for Justice.

“There has been a huge rise in the number of threats to use eminent domain since Kelo. Cities are wielding eminent domain as a club,” said Dana Berliner, a senior counsel with the Institute for Justice and the author of the 100-page report.

People threatened with eminent domain are vulnerable, she said, because they feel compelled to sell or have their home or business seized for a fire-sale price. At the same time, Ms. Berliner said, residents have become more active in trying to thwart land grabs and promoting changes to state law to bar the use of eminent domain.

Since the high court’s 5-4 decision in Kelo v. City of New London, Conn., a year ago Friday, 5,783 properties nationwide have been either seized or threatened with seizure under eminent domain.

That number compares with 10,281 examples over the five-year period from 1998 to 2002, said the institute, a public-interest law firm that argued the Kelo case before the Supreme Court. During that period, threats were made to seize 6,560 properties, and 3,721 condemnation filings or authorizations were recorded.

In the past year, 5,429 property seizures have been threatened for economic redevelopment projects, plus 354 condemnation filings or authorizations, the institute said.

The Kelo decision was a horrible example of the Supreme Court run Amok. You do not take private property away from people to give to another citizen for economic gain, that is stealing!

We have got to tell Congress to fix this problem!

4 thoughts on “Eminent domain surges after ruling

  1. I have said this before, this issue scares the beejesus out of me. It is also one issue that both liberals and conservatives can get behind to stop. That is of course if the liberals are not socialists, communists or progressives; they like this. Wait, I take that back, liberals can’t get behind this one either. :frown_tb:

  2. My how times have changed! Now instead of our United States Constitution securing certain inalienable rights, immunities and liberties from governmental suppression, to the people of the (United) States. It now conditions those immunities liberties and inalienable rights on to the State governments, so declares the federal supreme court in KELO. Now the States are held to be immune from the peoples National Constitution. Now it is the States that are to be at liberty. Now it is the States that are to be granted the right to be alienable from a United peoples constitution. Now it is the States that will decide who it will alienate and who it will not. Now it is the individual State constitutions, that will or will not protect. For now it is the States that will police its peoples into the servitude of their labors ! Was it the federal government that took away the States power to place in servitude its people after the civil war or was it the people? Is it now to be the federal government that grants the States the power to decide what was once decided by a United people in amendment. Is it now the right of the people to oppress its own people, a right once rejected by the people. Every elected official now in this nation stands at the ready to preform the will of the people against the people! We are now a people divided, as if cut in half by our own plowshare.

    Even Patrick Henry had to admit to the despotic inclinations of his state legislators. And his fears of a federal government under a National Constitution that granted so much power to federalism, was never as fearsome in the peoples reasoning’s as a nation of individually unrestrained states, for it was the peoples United States Constitution that was designed to restrain the despotic inclines of (all) oppressive governments.
    This struggle between encroachment and sovereignty has been most aggravated by an over zealous United States supreme court that refuses to adjudicate United States law under the supreme law of this land our United States Constitution.
    Thievery now is the order of the day! and partition is the order of the night! Who will now be left so undivided as to continue our fight for liberty?

    “because there are powers exercised by most other governments, which, in the United States, are withheld by the people both from the general government and from the state governments. Of this sort are many of the powers prohibited by the declarations of rights prefixed to the constitutions, or by the clauses, in the constitutions, in the nature of such declarations.”-MADISON’S REPORT ON THE VIRGINIA RESOLUTIONS

  3. Pingback: basil's blog
  4. Refusing to accept, “we reject your (incomprehensibly ridiculous)
    “offer” of $8500 for our beautiful
    water front property, of 1.1+ acres
    that “..abuts the high water line
    no matter what the level..” and has
    additional entitlements, grandfather clause (s)that predate
    all subsequent zoning changes; held in our family for 32+years,the
    Bureau of Reclamation then sent a
    PhD Realty Specialist,(aka “ambush
    predator); to my 4th traumatic relocation since 2001 -(ironically
    just released from month long hospitalization due to “sub standard” housing conditions in
    (VERY) traumatic relocation #3.
    and not even unpacked from #4;
    it’s NOT enhanced my credibility as a real estate broker (commercial), to have NO permanent address. This BOR agent, knowing of my “diminished capacity” and that I was in the process of reconstructing the lost and/or misplaced paperwork of the Reynolds Family Trust, (of 1984), he was also advised that 2
    signatures were required to transfer real property from the
    trust to another entity;but manages
    to gain my signatures by covering all but the signature lines; (6 in a row); making (gross) misrepresentations of material facts, on documents I was not allowed to
    see and had to get copies of what
    I’d signed from the Ombudsman for
    the Property Owners. Realty Officer, Mary Crook, STILL alleges no “wrong” doing; (but the poor woman appears to lack the capacity for any “right” doing altogether. Let’s just “cover up” all our mistakes, appears to be her way. So, the BOR then claims
    “they”, the Bureau of Reclamation
    NOW owns the property and Mary allges I “invited” their agent
    because “you were dying.” Yeah, right, Mary; he’d be the first
    person I’d call. (She’d
    heard about my returns to ER, 100% attributed to the unwanted and unwelcome intrusion of this Phd
    Realty Specialist; who refusing to take “NO” We Reject YOUR OFFER,
    already; separated me from my friend and witness, Diana S., in the hope he could do his dirty work’ ie; pick my bones and move in for “the kill” in the absence of any witnesses. Having waited 17 yrs. for the “promised” replacement property (as I need to
    be closer to SLC medical specialists post 2nd of 2 MVA’s of 1997 in SLC; (the “perp” remains in the “good hands”, I fled for my life (with no home to go to anymore) in a series of traumatic
    relocations, pending resolution of
    “eminent domain” issue.
    This horrifically Draconian agency
    lies, cheats, steals, violated ALL of our Constitutional
    Rights, ALL statutes on the books
    and NOW alleges, (with no compensation, no viable appraisal
    as to value, no closing papers signed, “no meeting of the minds”
    none of the elements of a bona fide
    real estate transaction; that they
    NOW OWN OUR property. On what basis?? Half under
    water now, the CUWCD’s “worm” has
    reneged on offer to purchase the
    30 ft. trailer on the property; (and now vandalized by the hostile
    occupation of BOR/CUWCD; it is no
    longer saleable; (without extensive repairs). I must confront the
    Judge, since the CUWCD’s attorney;
    (the partner of the BOR in acquiring these properties), asserts the documents signed are
    valid; (this he asserted in direct
    opposition to the Opinion of the
    Ombudsman as to “cause (s) of
    action AGAINST the BOR” and BEFORE he saw ANY DOCUMENTS. Having
    waited 17+ years for “justice”,
    now I am waiting to have Fraudulent
    documents “set aside” so that we
    may obtain “your rights when
    the government wants YOUR property.” To date, we have not
    received ANY of them, (be they
    ever so few). The Ombudsman
    suggests that I not use the F word,
    (as in Fraudulent Conveyance Act),
    but rather the more politically
    correct, “voidable” contracts. It
    appears the only recourse left to us is to bring this matter to the
    attention of the two liaison folks
    at the White House and respond to
    their kindly invitation to submit
    re: (Extended) Fraud & Corruption
    Dept. of the Interior, Bureau of
    Reclamation. This outmoded federal
    agency, (ie, Big Stick Approach,
    operates from two false premises:
    1 – Property owners don’t have
    any rights
    2 – Any property they are “taking”
    (or stealing as the case may be)
    is worthless to begin with.
    Never mind that in the desert State
    of Utah, water front properties,
    if you can find one, START at
    $3200. per front foot. Ours have
    170 front feet. “they are kept in
    families and don’t go to market”
    according to MAI water front
    appraiser. Feel free to advise
    whoever, whenever as the BOR’s
    ambush predator masquerading as
    a Phd Realty Specialist; has hurt
    me so badly that I was returned to
    ER about six times with warning
    from my doctors that further contacts with BOR agents (and that
    worm of an attorney for the CUWCD)
    who it is alleged by some who know
    of him; he was already a scum sucking bottom feeder, BEFORE he went tolaw school; would likely lead to my (premature) death. They have so brutalized me; I pray the
    rumor that President Bush’s wishes to eliminate them altogether, has
    some merit. STILL hoping
    that somehow, some way, long awaited “justice” will be served; I
    will not lose the American Dream to
    this monstrously dysfunctional federal agency that alleges it
    represents our Commander In Chief.
    CNN (serving 200 countries) heard
    HIS opinion as to “…the health
    promoting effects of being on one’s
    own property.” Wonder if we should tell the BOR agents who
    “allege” they are representing HIM.
    Sorry to take up so much space. I’m just a tad past being angry. My family and I will do whatever is
    necessary to get our “rights”
    reinstated. Presently, (after putting all else aside for the last two years and 4 mos. to gather
    evidence for litigation, I am
    frustrated to the max but remain
    hopeful, nontheless, that a political solution may yet work.
    Thanks for letting me share.
    Bonnie Lee Reynolds, Trustee
    Reynolds Family Trust, (of 1984)

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