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Kelo v. City of New London revisited

Posted on 2/5/14 at 11:58 am
Posted by Revelator
Member since Nov 2008
57832 posts
Posted on 2/5/14 at 11:58 am
LINKhttps://m.weeklystandard.com/articles/kelo-revisited_776021.html



quote:

Cristofaro and I were walking through a section of New London called Fort Trumbull, a fist-shaped peninsula jutting out into the Thames. It is the battleground of what must be the most universally loathed Supreme Court ruling of the new millennium, Kelo v. City of New London (2005). The case is named after its lead plaintiff, Susette Kelo, a nurse who had owned a home a few blocks away from the Cristofaro house. The Supreme Court voted 5-4 to uphold a Connecticut Supreme Court ruling that the city of New London and a nonprofit quasi-public entity that the city had set up, then called the New London Development Corporation (NLDC), were entitled to seize, in a process known as eminent domain, the homes and businesses of Kelo, the Cristofaros, and five other nearby property owners in the name of “economic development” that would generate “new jobs and increased revenue,” in the words of since-retired Justice John Paul Stevens, author of the majority opinion.
Posted by CITWTT
baton rouge
Member since Sep 2005
31765 posts
Posted on 2/5/14 at 12:04 pm to
I read a few days ago about a similar taking of properties in another city. An expanse of 90 acres of properties that had been tax revenue providing to the city were taken under the Kelo case law. To date NOTHING has been built on the land. The excuse was being broke and needing revenue, and that hasn't worked out well at all for the city.
Posted by Bard
Definitely NOT an admin
Member since Oct 2008
51463 posts
Posted on 2/5/14 at 12:17 pm to
The day that verdict was announced was the day I lost my innocence in believing in our judicial system. For 5 educated individuals to look at government seizure of private property for something as philsophical and unpredictable as "economic development" and say that falls under ED still continues to disappoint me.
Posted by dante
Kingwood, TX
Member since Mar 2006
10669 posts
Posted on 2/5/14 at 12:19 pm to
quote:

The day that verdict was announced was the day I lost my innocence in believing in our judicial system
Also proves there is no such thing as PRIVATE property.
Posted by Revelator
Member since Nov 2008
57832 posts
Posted on 2/5/14 at 12:20 pm to
quote:

The day that verdict was announced was the day I lost my innocence in believing in our judicial system. For 5 educated individuals to look at government seizure of private property for something as philsophical and unpredictable as "economic development" and say that falls under ED still continues to disappoint me.




Some decisions by the Courts truly leaves people scratching their heads and this is one of those. Unfortunately when the government has unlimited power and resources, the common man stands little chance of winning.
Posted by CITWTT
baton rouge
Member since Sep 2005
31765 posts
Posted on 2/5/14 at 12:32 pm to
Property taxes do it as well, they are your annual rent fees from the govt., you no pay see who shows up at your door armed and with a court issued warrant to boot.
Posted by UncleFestersLegs
Member since Nov 2010
10806 posts
Posted on 2/5/14 at 12:37 pm to
Any attempt to take property away from someone without their consent is wrong. Whether it's for public or private use is irrelevant.
Posted by dante
Kingwood, TX
Member since Mar 2006
10669 posts
Posted on 2/5/14 at 12:37 pm to
this thread should be combined with the "is it illegal to be in this country without papers". Those who feel that people from other countries are just as entitled to economic advantages of the US are the same people who believe the government has the right the take private property from citizens.

Posted by dante
Kingwood, TX
Member since Mar 2006
10669 posts
Posted on 2/5/14 at 12:41 pm to
quote:

Property taxes do it as well, they are your annual rent fees from the govt., you no pay see who shows up at your door armed and with a court issued warrant to boot
If I were EVER to get involved in politics.....overturning property taxes would at the top of my agenda and replace it with a consumption tax.
Posted by Teddy Ruxpin
Member since Oct 2006
39553 posts
Posted on 2/5/14 at 12:44 pm to
quote:

Any attempt to take property away from someone without their consent is wrong. Whether it's for public or private use is irrelevant.



Not under the Constitution.

But in any event, Kelo was a terrible decision.
Posted by UncleFestersLegs
Member since Nov 2010
10806 posts
Posted on 2/5/14 at 12:45 pm to
quote:

Unfortunately when the government has unlimited power and resources, the common man stands little chance of winning.


Actually the backlash from Kelo has caused state governments to actually strengthen the limits on eminent domain.
Posted by C
Houston
Member since Dec 2007
27816 posts
Posted on 2/5/14 at 12:47 pm to
Is there any state or locality that doesn't have a property tax?

quote:

replace it with a consumption tax.


To me that is what a property tax basically is but they don't have a way of actually assigning your rate of consumption for govt services. to me at least property taxes force all owners to have skin in the game for a local area.
Posted by SpidermanTUba
my house
Member since May 2004
36128 posts
Posted on 2/5/14 at 12:55 pm to
quote:

entitled to seize, in a process known as eminent domain, the homes and businesses of Kelo, the Cristofaros, and five other nearby property owners in the name of “economic development” that would generate “new jobs and increased revenue,”


How do you think they're getting the land for the Keystone Pipeline?
Posted by C
Houston
Member since Dec 2007
27816 posts
Posted on 2/5/14 at 12:58 pm to
quote:

How do you think they're getting the land for the Keystone Pipeline?


I doubt they are actually seizing the property. It's like power lines running over your property.
Posted by dante
Kingwood, TX
Member since Mar 2006
10669 posts
Posted on 2/5/14 at 1:04 pm to
quote:

Is there any state or locality that doesn't have a property tax?
Not that I am aware of.

My biggest problem with property tax is it can actually force retired people with no income to sell their homes or land.

A half million dollar piece of property is taxed every year based on the value...determined by the local government. Yet $500,000 worth of stock is only taxed on dividends, not the total value of the stock. I know this is an apple to orange comparison but it makes my point. Why not tax property on the buy and sale just like stock?
quote:

have a way of actually assigning your rate of consumption for govt services
I think the number of dependents is actually a better gauge of public service consumption rather than property owned. Why should someone with no kids pay more for education than someone with 4 kids?
Posted by C
Houston
Member since Dec 2007
27816 posts
Posted on 2/5/14 at 1:07 pm to
quote:

Why not tax property on the buy and sale just like stock?


I could get behind this. I shudder to think what this would be in a high property tax state like TX...

quote:

I think the number of dependents is actually a better gauge of public service consumption rather than property owned. Why should someone with no kids pay more for education than someone with 4 kids?


Talk about turning tax law on its head. we currently give deduction for larger families... But again I agree.
Posted by UncleFestersLegs
Member since Nov 2010
10806 posts
Posted on 2/5/14 at 1:08 pm to
quote:

I doubt they are actually seizing the property. It's like power lines running over your property.

quote:

PARIS, Tex. — The Canadian energy company TransCanada can take over land owned by a Texas farmer to build its Keystone XL pipeline, a county judge ruled on Wednesday night. In a 15-word ruling sent from his iPhone, Judge Bill Harris of Lamar County Court at Law upheld TransCanada’s condemnation of a 50-foot strip of land across Julia Trigg Crawford’s pasture here. The pipeline is being built to carry oil to Texas refineries from Canada.
Posted by Y.A. Tittle
Member since Sep 2003
101268 posts
Posted on 2/5/14 at 1:09 pm to
quote:

In a 15-word ruling sent from his iPhone, Judge Bill Harris


The hell?
Posted by C
Houston
Member since Dec 2007
27816 posts
Posted on 2/5/14 at 1:10 pm to
Again, how is that different than power lines running over your property?
Posted by dante
Kingwood, TX
Member since Mar 2006
10669 posts
Posted on 2/5/14 at 1:24 pm to
quote:

How do you think they're getting the land for the Keystone Pipeline?
Pipeline companies pay for surface rights and access for ROW's. Some land owners in an attempt to get more money hold-out. When no agreement can be reached between the company and land owner the court steps in. Utility companies I believe actually have more authority/power than pipelines when these matters come up.
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