Residents surprised at local government’s exercise of eminent
domain power against local homeowners, multi-generational farmers
and small business owners may be in for a greater shock.
Editor,
Residents surprised at local government’s exercise of eminent domain power against local homeowners, multi-generational farmers and small business owners may be in for a greater shock.
Armed with the Supreme Court’s 5-4 decision in Tahoe Sierra Preservation Council, Inc. v.. Tahoe Regional Planning Agency, which held that local California government need not compensate landowners when taking their property rights, we see a rapid erosion of property rights under the guise of “affordable housing,” and other schemes. We will soon see the high court make a decision in Susette Kelo, et al. v. City of New London, et al.
If the justices let local government take the old widow’s lifetime home in New London, not out of public necessity, but for political patronage, then a green light will be given to every public interest group, from environmentalists to developers, that condemnation for ulterior purposes, e.g., open space, endangered species, high-rise tilt-ups alongside Lite Rail and Bullet Train tracks, etc., can plunder citizens’ Fifth Amendment rights.
All eyes are on the court now to see if our government is going to betray the American Founders’ ideals, once again. We should urge the Board of Supervisors to immediately to adopt resolutions condemning Attorney General Bill Lockyear’s opinion authorizing California local governments to violate our constitutional rights to private property, and adopt a resolution instructing county counsel to file an amicus brief in support of the property owners in the New London case.
Joseph P. Thompson, Tres Pinos
