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Supreme Court Makes Disastrous Decision

[ Return To Senator Roy Dyson's Newsletter ]

Posted on July 05, 2005:

Senator Dyson You and I live in a great country. That’s why I can sit here in Great Mills, MD and tell the Supreme Court of America that they just made a terrible decision.

While I was pleased to read it was not unanimous it is still a dreadful decision. I can’t think of a worse decision in 20 years. Hopefully in the future the court will reconsider or the Congress will try to remedy this situation .

The court foolishly ruled that anybody’s property can be taken for eminent domain by big business or developers. That means yours and my property are never safe. That’s unless the Congress does the right thing and passes legislation to overturn this by a constitutional amendment.

We’re not talking about for roads, bridges or military bases. We’re talking about strip malls, shopping centers, major subdivisions -- development out of control.

Supreme Court Justice Sandra Day O’Connor nailed it perfectly (in her dissenting opinion) that the decision disproportionately influences the “political process including large corporations and development firms.”

Ironically, on March 17, Utah Governor Jon Huntsman, Jr. singed a law banning eminent domain use by developers. The Environment and Climate News reported that Governor Huntsman “signed a law that would prevent redevelopment agencies from taking property from a private landowner in order to give or sell it to another private party.”

In the same publication, Sterling Bennett, Senior Fellow at the National Center for Policy Analysis was quoted as saying “there must be limits to government playing fast and loose with eminent domain powers that have the potential to dramatically impact someone’s life.”

I have never been a big fan of eminent domain, but this draconian piece of judicial activism has made me even more disdainful of it.

[ Return To Senator Roy Dyson's Newsletter ]

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