Thursday, June 23, 2005

New Hampshire Union Leader on Kelo

Here a libertarian take on Kelo:
In essence, all land in the United States is now state-owned. The court has ceded state and local governments almost total authority to transfer the ownership of any parcel of land within their jurisdiction, as long as they present a reasoned argument stating why the transfer will benefit the public. Stevens even went so far as to write that the court has no authority to determine whether a government’s claims about accrued public benefit are valid. As long as government officials provide some explanation for why the transfer has a public benefit, that benefit is presumed to exist and be the legitimate basis for taking a person’s land.

The powerful and well-connected now can lay claim to any parcel they desire, provided that their friends in government give them the requisite political cover. The court has swept aside the only obstacle that once stood in their way — the U.S. Constitution.

It is paramount that Congress act with all possible haste to present to the people a constitutional amendment to restore the original meaning of the Fifth Amendment. That amendment must state that no person’s property may be taken for the purposes of economic development. Until such an amendment is ratified, no boundary separating public and private land exists. All is open to confiscation and redistribution upon decree of public officials who may or may not have the best interests of the public at heart.
It's time to get rid of eminent domain.Union Leader