Government Can Now Seize Your
Home toGenerate Hight Taxes

By David Keene

    The government can now take your home and sell it to a private developer so that the government can gain greater tax benefits!

    “Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory.” Those are the words of Supreme Court Justice Sandra Day O’Connor in her dissent on the 5 to 4 draconian Supreme Court ruling on June 23, 2005 in the case of Kelo v The City of New London.

    The Kelo decision is an outright repudiation of the most basic of American principles; constitutional protection for life, liberty, and property. And we are not about to take this assault on our God-given liberties laying down!

This ruling should scare your socks off!

    In actuality, the government has always maintained the “right” to take your house and property, but there were constitutionally mandated limits. Under the 5th Amendment to the Constitution, governments could exercise “eminent domain” to turn you out of house and home if they paid you “just compensation” -- although what you may consider just and what the government may consider just could differ tremendously. Moreover, the “seizure” had to occur for a legitimate “public use” i.e. roads, utility lines, sewers, schools etc., or to rid the community of a “blighted area.”
    The Supreme Court however, totally perverted the concept of “public use” and has effectively set up a system whereby governments can and will collude with corporate interests to deprive you of your property. O’Connor added in her dissent, “... property may now be taken for the benefit of another private party... the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms. As for the victims, the government now has license to transfer property from those with fewer resources to those with more. The Founders cannot have intended this perverse result.”
    This Supreme Court ruling is the textbook definition of FASCISM!

Kelo is more judicial abuse

    Just in case you still don’t believe that the government can “seize” your home at the behest of a Bill Gates or Donald Trump, consider the actual circumstances of the Kelo case.

    The case, titled Kelo et al v. City of New London, was brought by homeowners (Susette Kelo being one of the homeowners) in New London, Connecticut where officials plan to tear down a 15 home neighborhood community near the Thames river to make way for an office complex.   In 1997, Pfizer -- a large pharmaceutical company -- approached state and local government officials. Pfizer wished to build a 90 acre complex to include a conference center, a hotel complex, offices, condominiums and, eventually, an aquarium directly across the river from their existing plant in a neighborhood called New Trumbull. Apparently, Pfizer liked the view this location afforded them.
    City planners, backed by the liberal National League of Cities, argued that throwing the homeowners off their property would create jobs and generate more tax revenue for the city.

    In response to Pfizer’s request, New London’s city council declared this waterfront middle-class neighborhood, “blighted,” condemned the properties, told the home-owners to leave -- after offering a “compensation package” that many of them rejected -- and transferred eminent domain power to the New London Development Corporation, a private company. And yes, there were allegations of graft, kick-backs and corruption.
    Susette Kelo and a group of homeowners, many of whom have deep roots in the community --including a married couple in their 80s who have lived in the same home for more than 50 years -- took their case all the way to the Supreme Court.
    On June 23 Supreme Court Justices Kennedy, Breyer, Souter, Ginsburg, and Stevens -- totally ignoring the argument that the “blighted” designation was totally bogus --  ruled 5 to 4 (O’Conner, Rehnquist, Scalia and Thomas dissenting) that the government could exercise “eminent domain” anyway because the Pfizer complex would generate more tax revenue and thus benefit the community.
    The rest, as they say is history, but the history books aren’t closed on this one!

Kelo is not an isolated incident
    The Institute for Justice, a public interest law firm committed to protecting property rights, estimates that over 10,000 homes nationwide are in danger of being destroyed by aggressive local governments. The Kelo ruling sets a precedent that officials may proceed with their plans to seize the homes of private citizens to foster whatever they conceive to be the “common good” and generate more tax income to fuel big government spending programs.

    Consider the following commentary from the Howard Jarvis Taxpayers Association: “For many homeowners, the city’s argument (in Kelo) has all the subtlety of the schoolyard bully who justifies taking your lunch money because, he says, he has a better use for it. In California, we’ve seen redevelopment agencies run roughshod over property owners for years. Unspoiled homes and other property are declared ‘blighted’ so they can be condemned and turned into car dealerships or supermarkets that will produce more tax revenue. The actual condition of the property that is condemned seems to have little relevance -- in at least one instance a golf course was declared blighted because it suited the goals of the redevelopment commission. Back in New London, the homes targeted by the city would be regarded by most people as middle class. Bad behavior by redevelopment agencies is not all that surprising when one realizes that in many communities the redevelopment commissioners are city council members wearing a different hat. What better way to repay a developer’s campaign contribution than to reward them with a piece of prime property for a new shopping mall?”
    The Kelo decision ladies and gentleman, aside from being a formula for graft and corruption, is outright tyranny.
 
This land is NOT your land: This land is MY land!
    Our Founding Fathers must be rolling in their graves over the Supreme Court’s decision to allow the government to collude with large corporations so that they can dispossess people of their land and property. We fought a war over 200 years ago over this same type of tyranny!
    The Kelo ruling is FASCISM plain and simple -- a diabolical hybrid of big government and big corporations: where competition is limited and profits and tax revenues are maximized. The Kelo ruling is not just un-American -- it represents a clear and present danger to each and every American.  No home is safe and your home could be next!



David Keene is the Chairman of The American Conservative Union (ACU), the nation’s oldest conservative lobbying organization. ACU’s purpose is to effectively communicate and advance the goals and principles of conservatism through one multi-issue, umbrella organization. The Statement of Principles makes clear ACU’s support of capitalism, belief in the doctrine of original intent of the framers of the Constitution, confidence in traditional moral values, and commitment to a strong national defense. For information on ACU visit their web site at www.conservative.org.