Power to seize homes expanded
06/24/2005
By Hope Yen
The Associated Press
WASHINGTON — Cities may bulldoze people’s homes to make way for shopping malls or other private development, a divided U.S. Supreme Court ruled Thursday, giving local governments broad power to seize private property to generate tax revenue.
That is not the case in Georgia, according to state Attorney General Thurbert Baker, who issued a press release Thursday afternoon attacking the ruling.
Baker said the decision will not affect homeowners here because the Georgia Constitution has been interpreted by state courts as prohibiting condemnation for private economic development projects.
Thursday’s “ruling removed any federal impediments to condemning private property for private economic development, which in effect will allow it in almost every other state but Georgia,” said state Law Department spokesman Russ Willard.
“Georgia’s state Constitution has been interpreted to prohibit condemnation by cities and counties for private purposes.”
That prohibition also means cities cannot condemn private property so developers can revitalize blighted areas, Willard said.
In a scathing dissent, Justice Sandra Day O’Connor said the decision bowed to the rich and powerful at the expense of middle-class Americans.
The 5-4 decision means that homeowners will have more limited rights. Still, legal experts said they didn’t expect a rush to claim homes.
“The message of the case to cities is, ‘Yes, you can use eminent domain, but you better be careful and conduct hearings,’” said Thomas Merrill, a Columbia law professor specializing in property rights.
The closely watched case involving New London, Conn., homeowners was one of six decisions issued Thursday as the court neared the end of its term. The justices are scheduled to release their final six rulings, including one on the constitutionality of Ten Commandments displays on public property, on Monday.
http://www.gwinnettdailypost.com/index.php?s=&url_channel_id=1&url_article_id=3483&url_subchannel_id=&change_well_id=2
: Thursday, June 23, 2005
: Responding to the U.S. Supreme Court decision in Kelo v. City
: of New London, Connecticut
: Today the U.S. Supreme Court broke the social compact by
: striking down one of Americans’ most fundamental rights.
: Their decision nullifies the Constitution’s Public Use
: clause and opens an era when the rich and powerful may use
: government to seize the property of ordinary citizens for
: private gain.
: The responsibility now falls on the various states to reassert
: and restore the property rights of their citizens. I am
: today announcing my intention to introduce an amendment to
: the California Constitution to restore the original meaning
: of the property protections in the Bill of Rights. This
: amendment will require that the government must either own
: the property it seizes through eminent domain or guarantee
: the public the legal right to use the property. In
: addition, it will require that such property must be
: restored to the original owner or his rightful successor,
: if the government ceased to use it for the purpose of the
: eminent domain action.
: http://www.tommcclintock.net/nblog.htm
