Image Credit: Institute for Justice
The Tennessee Conservative [By David Seal] –
Every property rights activist in the United States remembers where they were when the decision was handed down by the United States Supreme Court in Kelo v. New London, the infamous 5-4 decision that redefined the “public use” provision of the 5th Amendment, allowing private property to be taken by eminent domain for private development.
The Institute for Justice has filed a case in New York hoping to overturn the reviled decision, arguably the worst property rights decision made in the history of the U.S. Supreme Court.
“The Institute for Justice (IJ) asked the U.S. Supreme Court to overturn one of the most reviled decisions in recent decades, Kelo v. New London. In Kelo, which was narrowly decided in 2005, the Court ruled against homeowners who were trying to protect their neighborhood from being bulldozed to make way for a new private development. In doing so, the Court allowed eminent domain to be used for private gain. Now, IJ has partnered with a landowner to ask the Court to take up a similar case in New York where a government agency seized a piece of land to provide private parking for a nearby private office building.” – said Andrew Wimer, Director of Media Relations, Institute for Justice
On June 23, 2005, Kelo cleared the way for the government, economic development boards, and housing authorities to forcefully take private property from its rightful owner with the power of eminent domain and turn it over to private economic developers for upgrading.
Multiple supreme court justices scolded the majority in writing their dissent when the decision was handed down, stating that the opinion of the court was flawed, misguided, and would prove to be harmful. Among those justices were Clarence Thomas, Sandra Day OcOnnor, Antonin Scalia, and Chief Justice William Renquist.
“The consequences of today’s decision are not difficult to predict, and promise to be harmful. So-called “urban renewal” programs provide some compensation for the properties they take, but no compensation is possible for the subjective value of these lands to the individuals displaced and the indignity inflicted by uprooting them from their homes.” – said Justice Clarence Thomas on Dissent
Justice Sandra Day O’Connor went even further stating the high court had failed in its duty to impose appropriate limits on property takings for economic development and that the decision had placed all private property at risk of eminent domain. Essentially, the court had said in Kelo that states could impose limits on eminent domain above the federal baseline. This was no comfort to property owners in states where eminent domain statutes strongly favored the government.
“The specter of condemnation hangs over all property. 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……Finally, in a coda, the Court suggests that property owners should turn to the States, who may or may not choose to impose appropriate limits on economic development takings. Ante, at 19. This is an abdication of our responsibility. States play many important functions in our system of dual sovereignty, but compensating for our refusal to enforce properly the Federal Constitution (and a provision meant to curtail state action, no less) is not among them.” – said Justice Sandra Day O’Connor on Dissent
For extensive background on the case, a link is provided here.
The Tennessee Conservative News will report on developments of the case as information becomes available.
About the Author: David Seal is a retired Jefferson County educator, recognized artist, local businessman, 917 Society Volunteer, and current Chairman of the Jefferson County Republican Party. He has also served Jefferson County as a County Commissioner and is a citizen lobbyist for the people on issues such as eminent domain, property rights, education, and broadband accessibility on the state level. David is also a 2024 winner of The Tennessee Conservative Flame Award & has received an accolade from the Institute For Justice for successfully lobbing the TN legislature to protect property rights. David can be reached at david@tennesseeconservativenews.com.
