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Kurita, Ford on Kelo (SCOTUS eminent domain ruling)

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guruoo Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-18-05 10:41 PM
Original message
Kurita, Ford on Kelo (SCOTUS eminent domain ruling)
KELO et al. v. CITY OF NEW LONDON et al.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=04-108

Background:
'The New London dispute touches on a controversial issue that has been simmering in several states, as local governments have sought new sources of tax revenue. Traditionally, governments have used their eminent-domain powers to condemn -- and then improve -- blighted areas.
But governments increasingly have sought to take property that is not in a slum, but that nonetheless could be used in a private redevelopment
plan.' -USA Today
http://www.usatoday.com/news/nation/2004-09-28-justices-property_x.htm

Harold Ford:
"I've always believed individual rights are a big thing..... but, I find
value in the court's decision. As long as people are compensated fairly, I can appreciate the decision. Certain areas in our state are crying for development, if this decision helps -- it's a positive."
- From Teddy Bart's Roundtable http://www.thepublicforum.org/

Rosalind Kurita:
"The Supreme Court got it wrong," "The unusual interpretation of the 5th Amendment by a majority on the court means private property rights are subject to the will of the powerful with no checks and balances.
"This is a troubling precedent for all Americans. As a U.S. Senator,
I'll stand and fight for the rights of property owners," "When the
Supreme Court is wrong, they need to hear about it from our nation's
leaders. Make no mistake; I'll be actively seeking solutions to correct
this unfortunate decision by the nation's highest court."
-From: (via press release) http://iconicmidwest.blogspot.com/

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Jackson4Gore Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jul-18-05 11:35 PM
Response to Original message
1. That is a misrepresentation of Ford's stance
That is only one little piece out of a radio interview he gave. Since then, right wing websites have exaggerated his stance on this issue. However, Harold recently wrote an op-ed explaining his full view on the court's decision: http://haroldfordjr2006.blogspot.com/2005/07/harold-ford-jr-state-property-rights.html

Thanks!
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guruoo Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 12:37 AM
Response to Reply #1
2. Ford voted against measure to counter court ruling
Congressman Ford voted nay:
House rollcall:
http://clerk.house.gov/evs/2005/roll350.xml

House Votes To Undercut High Court On Property
Federal Funds Tied To Eminent Domain
By Mike Allen and Charles Babington
Washington Post Staff Writers
Friday, July 1, 2005; A01

The House voted yesterday to use the spending power of Congress to undermine a Supreme Court ruling allowing local governments to force the sale of private property for economic development purposes. Key members of the House and Senate vowed to take even broader steps soon.

Last week's 5 to 4 decision has drawn a swift and visceral backlash from an unusual coalition of conservatives concerned about property rights and liberals worried about the effect on poor people, whose property is often vulnerable to condemnation because it does not generate a lot of revenue.

The House measure, which passed 231 to 189, would deny federal funds to any city or state project that used eminent domain to force people to sell their property to make way for a profit-making project such as a hotel or mall. Historically, eminent domain has been used mainly for public purposes such as highways or airports.

<snip>
Complete story:
http://www.washingtonpost.com/wp-dyn/content/article/2005/06/30/AR2005063001082_pf.html
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Jackson4Gore Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Jul-19-05 06:51 AM
Response to Reply #2
3. Yes he did
But he is willing to work with Congress to come up with a new resloution that makes sense for everyone.
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Flirtus Donating Member (500 posts) Send PM | Profile | Ignore Sat Jul-23-05 08:34 AM
Response to Reply #3
4. "What makes sense for everyone"??
You find some justification for ever taking my house and giving it to some developer to make a richer person a nicer house? How would Kinsey/Probasco approach this opportunity?
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