Property
owners of America, take heed – in a landmark split
decision issued June 23, the Supreme Court ruled that the government has the
power to transfer ownership of private property from one citizen to another,
starting with the homes of Susette Kelo, Bill Von Winkle, and other citizens of
New London, Connecticut
In a
blistering dissent, Justice Sandra Day O'Conner accused the court of abandoning
the long-held belief in a basic limitation on governmental power: "Under the
banner of economic development, all private property is now vulnerable to being
taken and transferred to another private citizen, so long as it is to be
upgraded…in the process."
It all
started when Pfizer Corporation built a research center on the banks of the ThamesRiver, adjacent to an established community of middle-class
homeowners. Once, New
London thrived as an
industrial center and then later as a manufacturing hub, but as jobs became
scarce residents began to move away – taking tax revenue with them. The new
research center brought with it welcome jobs and a good reason for many to
stay.
| Both liberals and conservatives agree this ruling constitutes a death-blow to individual rights. |
Enter the New
London Development Corporation, which saw the neighborhoods along the
riverfront and envisioned a hotel, health club, offices, and shopping centers
in place of the restored colonial houses. The NLDC petitioned the local
government to force long-time homeowners off their land, arguing that their
proposed commercial development would generate much more tax revenue for the
city, and thus benefit the community as a whole.
The city
council agreed, and declared the properties condemned, a legal term which means
the government has taken away your land.
Not
surprisingly, the citizens fought back.
They
argued that the so-called "takings clause" – the clause in the Fifth Amendment
that reads, "Nor shall private property be taken for public use, without just
compensation" – does not grant the government jurisdiction in this case.
Traditionally, the term "public use" has been interpreted to mean for use by
the general public, and would apply to public buildings or areas such as post
offices or parks.
In a 5-4
decision, the Supreme Court ruled in favor of the city. In the majority
opinion, Justice John Paul Stevens wrote that "promoting economic development
is a traditional and long accepted function of the government." The ruling
interprets "public use" to mean, in essence, "public benefit." Analysts warn
that from this point forward, any local, state, or federal government can
legally transfer ownership of your property to someone else, so long as the
recipient plans to use it in such a way that the government believes will
benefit the community as a whole.
In recent
years, more than 10,000 private properties across the country have been
threatened or condemned according to the Institute for Justice. Many Americans
fear they no longer have a fundamental constitutional right to own property,
and Justice O'Connor agrees with them in her dissent: "Nothing is to prevent
the state from replacing any Motel 6 with a Ritz-Carlton, any home with a
shopping mall, or any farm with a factory…Are economic development takings
constitutional? I would hold that they are not."
It is
true, however, that government agencies have been condemning blighted properties
for years, in cases that have been upheld under the takings clause.
Dilapidated properties have been handed from citizens to governmental agencies,
non-profit groups, and developers in order to restore them for the low-income
housing sector. Land taken for public works projects, such as the railroads,
often changes ownership not from citizen to government, but from citizen to
private corporation. According to the majority opinion, "The court long ago
rejected any literal requirement that condemned property be put to use for the
general public."
But roads,
bridges, and parks are facilities that every citizen can use. Hotels, health
clubs, and office complexes are privately owned, operated, and for use only by
those citizens who can afford to pay the prices that they charge. Moreover,
the condemned properties in New London
certainly were not dilapidated – they were well-maintained and greatly loved by
owners who worked hard for them. When property is condemned in the interest of
economic development, historically, said property is in need of extensive
restoration and repair.
The ruling
has been called a victory for big business, but to view it as such is to
misunderstand the consequence of the decision. American businesses from
mom-and-pop corner stores to Fortune 500 corporations are owned by private
citizens, just like the homes in Connecticut. Environmental activists and anti-corporate lobbies
fight daily against businesses big and small, and now there is nothing to stop
them from taking property belonging to Wal-Mart or MacDonald's, so long as they
can get the government to take their side.
The
homeowners involved in the lawsuit have pledged to continue their fight,
although in light of the ruling it is unclear how they might do so. "I won't
be going anywhere," Von Winkle said to the Associated Press. "Not my house.
This is definitely not the last word."
He does
seem to have gained support from lawmakers. "It is appropriate for Congress to
take action, consistent with its limited powers under the Constitution, to
restore the vital protections of the Fifth Amendment and protect homes, small
businesses, and other private property rights," said Republican Senator John
Cornyn of Texas. Several state governors,
including Governor Sonny Purdue of Georgia, have called on their state legislatures to draft laws protecting the
private property rights of their citizens. But how long will such state and
federal laws remain unchallenged?
Conservative
analysts have warned without exaggeration that this ruling marks the end of our
Republic, and liberals are flabbergasted that their four-member bloc of
Justices in the majority did not, as expected, stand up for the little guy.
Both liberals and conservatives agree this ruling constitutes a death-blow to
individual rights.
At the
founding of our nation, Thomas Jefferson wrote that limiting the scope and
power of the government was paramount: "A government big enough to give you
everything you want is strong enough to take away everything you have."
A few
weeks ago, many Americans who read this quote would probably have laughed.
Now, it doesn't seem so funny anymore. This ruling is a victory for one entity
and one entity only: our increasingly powerful, increasingly unchecked,
federal government.