Tag: Kelo

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property rights

Property Owners Victorious

In late April, the Institute for Justice won a smashing judicial victory on behalf of the Community Youth Athletic Center, a boxing gym and haven for local kids, as well as for other property owners in the neighborhood. They hope it’s a knockout blow.

The California Superior Court ruled that National City had no warrant for declaring the area “blighted,” that the city government had violated due process, and that it had violated California’s Public Records Act by failing to provide a private consultant’s documentation of the alleged blight.

Such studies are often blighted themselves — jargon-ridden fictions concocted to rationalize what the government wants to do solely for other reasons. After the Supreme Court’s egregious Kelo decision, which gave targeted property owners little hope of protecting their property on constitutional grounds from eminent-domain attacks, property owners in California and other states fought for laws to protect themselves from such baseless designations of “blight.”

Of course, politicians continued to do their darnedest, grabbing stuff that doesn’t belong to them. So the status of the legal protections often must be adjudicated.

CYAC president Clemente Casillas says, “I hope National City does the right thing now and throws in the towel so we can get back to focusing all our attention on helping to grow the kids in our community. The city can have redevelopment, but that has to be done through private negotiation, not by government force.”

This is Common Sense. I’m Paul Jacob.

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political challengers property rights

Trump vs. Private Property

If real-estate magnate/pink-slip impresario Donald Trump can’t comb over his hair plausibly, how does he expect to convincingly coif his wheeler-dealer track record?

Over the past several months, Trump has been making disturbing noises about pursuing the GOP presidential nomination. Perhaps those encouraging him want the Republicans to remain almost as unpalatable to freedom-loving folk as the Democrats.

Trump has an atrocious track record when it comes to limited government and private property. Like many developers in collusion with bureaucrats and the tax man, he doesn’t hesitate to use eminent domain to steal what ain’t his. All in the name of the so-called  “public good,” of course, a catchall concept used to excuse almost any kind of ruthless predation.

Michelle Malkin reminds us that in the 1990s Trump  “waged a notorious war on elderly homeowner Vera Coking, who owned a little home in Atlantic City. . . . The real-estate mogul was determined to expand his Trump Plaza and build a limousine parking lot—Coking’s private property be damned.” Fortunately, the valiant Institute for Justice took up her cause. She prevailed.

Trump’s comments on the 2005 Supreme Court decision Kelo v. City of New London are candid enough. The justices ruled that government officials could treat the Constitution as irrelevant with respect to property. Trump says he agrees  “100 percent “ with the Kelo decision.

That confession alone makes the idea of a President Donald Trump 100 percent repugnant.

This is Common Sense. I’m Paul Jacob.

Categories
property rights responsibility

Downwind in New London

It is at its worst at night, when the wind lets up and the fog is low.

“It” is the stench from the sewage treatment plant in New London, Connecticut.

Citizens have been complaining for some time. It’s not exactly a new problem.

And the whole issue suggests, to me, that the government of New London, which is ultimately responsible for the sewage treatment system, should have been paying closer attention to this basic — most basic, most very, very basic — service.

It is not as if the city of New London hasn’t spent millions on its sewage system. It’s just that the money has been ineffective. Especially on weekends, or nights, when the smell is worse.

There’s a pattern here. New London condemned Fort Trumbull neighborhood homes to give to the New London Development Corp. The city was sued by one of the owners, Suzette Kelo, and the case went to the Supreme Court. The city won. The homes — including Ms. Kelo’s — were paid for at government-determined rates, the area razed.

And yet Pfizer has not moved in. The whole area remains flat.

And stinky.

It turns out that Fort Trumbull neighborhood home-owners had been complaining about the stench before the whole Kelo cased blew up.

We’ve been saying there’s something rotten in New London for a long time. We just didn’t know how literally correct we were.

This is Common Sense. I’m Paul Jacob.

Categories
property rights

Shilling For Billionaires

Ever since the Supreme Court endorsed radically expanded use of eminent domain, in 2005’s Kelo v. New London, we have witnessed pitched battles between governments eager to trample property rights and citizens fighting to protect those rights.

Among recent efforts is a Missouri initiative to reform the eminent domain process, led by Ron Calzone with Missourians for Property Rights.

Alas, it’s all too easy to ignore the suffering of human beings whose property rights are violated by “legal” means when you neither see these human beings nor hear their stories. This is why critics of flipping property from the hands of rightful owners to the claws of rapacious opportunists with political pull must be grateful to the producers of Begging for Billionaires: The Attack on Property Rights in America.

The film exposes how city governments “brazenly seize property after property from the powerless” to turn over to well-connected players “for the pettiest of non-essential ‘economic development’ projects,” many subsidized by taxpayers. Neighborhoods flattened, lives uprooted.

Among other stories, we learn that of James Roos, property owner of an area called “blighted” who created a controversial mural to oppose eminent domain abuse.

Friends of liberty and property can defeat the enemies of these rights. Begging for Billionaires dramatizes why we must do so.

This is Common Sense. I’m Paul Jacob.

Categories
Common Sense

Trichotillomania

Trichotillomania is a mental disorder, the compulsion to pull one’s hair out. I think I have it. At least, I find reasons to tear out my hair.

Frayda Levin knows what I’m talking about. As chair of the New Jersey chapter of Americans for Prosperity, she’s been very passionate on a host of issues. I met her in the course of fighting against eminent domain abuse. We risked follicular damage after Kelo.

Like all sensible taxpayers, Frayda opposes Congress’s corrupt earmark culture, whereby congressmen use our tax dollars to fund their personal favor factories. Recently, she wrote to New Jersey Senator Robert Menendez asking him to support a legislative moratorium on earmarks.

Instead, Senator Menendez wrote back defending his support for earmarked pork. “While our federal agencies implement programs from Washington,” he countered, “they often do not understand the unique needs of the communities and the states.”

When Frayda responded to Senator Menendez, she pointed out how completely ludicrous it was to “send money to D.C.” and “then have to spend resources finding a sympathetic ear, who can, as you note, understand local needs.”

Frayda asked why the senator hadn’t initiated a shake-up of the admittedly out-of-touch federal bureaucracy. She mentioned the 10th Amendment, the role of the states, and inquired why this money should be going to the federal government in the first place.

She got no response to that.

I’m sure Menendez saw danger to his own scalp.

This is Common Sense. I’m Paul Jacob.