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Eminent Domain


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The abuse of the "Eminent Domain" laws by local, state and federal government is, to me, a sign of tyranny so brazen as to incite a call to arms.

Kelo v. City of New London, 545 U.S. 469 (2005), was a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another to further economic development. The case arose from the condemnation by New London, Connecticut, of privately owned real property so that it could be used as part of a comprehensive redevelopment plan. The Court held in a 5-4 decision that the general benefits a community enjoyed from economic growth qualified such redevelopment plans as a permissible "public use" under the Takings Clause of the Fifth Amendment...

Ron Paul wrote, "It's clear that many political and business interests are only too willing to drive people literally out of their homes to make way for the grand schemes of those in power...Now one year removed from the notorious Kelo decision by the Supreme Court, Americans are still reeling from the shock of having our nation's highest tribunal endorse using government power to condemn private homes to benefit a property developer..."

On June 23, 2006 - on the one-year anniversary of the Kelo decision, President George W. Bush issued an executive order stating in Section I that the Federal Government must limit its use of taking private property for "public use" with "just compensation", which is also stated in the constitution, for the "purpose of benefiting the general public." He limits this use by stating that it may not be used "for the purpose of advancing the economic interest of private parties to be given ownership or use of the property taken." However, eminent domain is often exercised by local and state governments; the order may thus have little overall effect.

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