Eminent Domain Hearings Imminent
While a tiny handful of libertarians approved of the Supreme Court's land-theft authorizing decision in Kelo v. New London, the overwhelming majority of libertarians were terribly dismayed, if not angered. Fourth Amendment, anyone?
While a tiny handful of libertarians approved of the Supreme Court's land-theft authorizing decision in Kelo v. New London, the overwhelming majority of libertarians were terribly dismayed, if not angered. Fourth Amendment, anyone?
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The right of the people to be secure in their houses, against unreasonable seizures. Taking one person's private property and giving it to another person so that it may be re-developed is now considered "reasonable" in the United States. Disgusting. So disgraceful of the Supreme Court.
Like the Kelo decision or hate it, the wind up is that the issue is passed off to the states. Fortunately, Indiana is going to take a good look at eminent domain soon. From State Rep. Kathy Richardson's article in the Noblesville Daily Times:
The final issue that I would like to mention is eminent domain and the effect of the recent U.S. Supreme Court decision. The power of eminent domain allows units of government to buy the property of private citizens when that piece of land is required for a public project. The most common example of this would be buying a piece of property to build a new highway. However, recently the Supreme Court ruled in Kelio v. City of New London that government may also take property under eminent domain laws if the project results in economic development for the community.I'd like to think that I had something to do with this making the study list. I personally spoke with Rep. Richardson and advised her that the Libertarian Party has a deep interest in defending property rights, and would back any legislation that limits eminent domain powers statewide. I think that the possibility exists for us to draft model legislation and have a State Rep. introduce it in the 2006 legislative session.
Even though economic development is good for our community, we must always take into account personal property rights. The good news is that as a state we regulate just how eminent domain is used and limit its use. In this respect the Summer Study Committee on eminent domain will spend time this summer examining this complex issue. The committee's first public meeting will be held on at 1 p.m. Aug. 10 in the auditorium of the Government Center South.
In the meantime, plan to attend the hearing. More importantly, contact your State Reps and State Senators and let them know that you demand a very restrictive eminent domain law for Indiana.