[Homestead] An article cheering the Supremes

Clansgian at wmconnect.com Clansgian at wmconnect.com
Sat Jul 2 08:57:24 EDT 2005




> I distinguish personal rights--speech, religion, trial by jury--as distinct 
> from real property rights.

You very well may, but fortunately the constitution does not.  At least as 
far as depriving you of it without due process of law.  Real property is the 
same as all other property.

And it's Lynda who has the straight of this (this time).  Putting local 
officials in charge of deciding what is public use is like putting the fox in 
charge of your hens.  In all the blurbs you've given over the years about the DC 
Whorehouse, however corrupt the US politicians are, local politicians are doubly 
so and then some.

If you want to strip the old varnish off a floor, just about the most 
effective solvent is gasoline, but you'd be a fool to use it for that because of the 
huge risk of the harm it can cause.  Likewise allowing local politicians to 
decide what is a legitimate public use sets up a scenario of temptation and 
corruption.  

If you go to he website run by "Castle Coalition" who are fighting eminent 
domain abuse, you will find my town listed as one of the examples where it was 
effectively fought.  This is the home to the NASCAR's Bristol Motor Speedway.  
Just across the road from the speedway are three family businesses which have 
been there for many decades.  No offer was made to the owners of their 
propoerty but the manager of the speedway went to the city council and asked them to 
condemn the property so the speedway could have it for private development 
(condos).  The city council got the local HUD to do a study and found the 
property to be blighted and came up with a plan for 'redefelopment.'  Trouble is, 
that study ONLY included those three properties.  Caught with their pants down, 
the city council expanded the study to include the entire parkway, with plans 
to redevelop those three properties right away and consider the others at some 
indefinate date in the future.  Obviously a ploy to grab the land but put a 
spin of legitimatacy on it.  

The families involved got with their friends and neighbors and inititated a 
recall of the three of the five city council members.  They were successful in 
removing one from office and put the fear of God into the others.   The 
condemnation procedures were dropped.

But it goes to show how easily locals are corrupted.  This is the very reason 
that property rights are constitutionally guaranteed.

James



More information about the Homestead mailing list