IPFS Powell Gammill

Fascist Nation

More About: Property Rights

Never forget: The Supreme Court took your property

Both liberals, conservatives and even neo-conservatives were shaken. On June 29th of this year, the U.S. Supreme Court handed down a decision (Kelo v. New London) regarding a suit filed by the Institute of Justice, that literally stated what many had said for years: There is no such thing as private property in the United States.

For years I had argued that taxing property was ludicrous, because if property you own can be taxed annually by government, then in effect government is simply allowing you to reside on that property, and you are paying rent. You cannot own what government can tax.

You spend your money to buy land. You build upon it. You improve your property with the intent of living upon it, or operating a business upon it, or renting the property.

Then a government entity gets a request from a developer: “If you, government, will go and appropriate this land and sell it to me for a below market price, I will develop this land into a tax revenue generating shopping center or expensive high rise apartments for you.”

The Supremes applauded this practice by declaring that ANY government entity, able to make more tax revenue from “your” property by seizing your property, paying you what the government decides your property is worth, and handing your property to another specified private individual or group who will develop your property into a government revenue generator was intended by the Founding Fathers when they wrote the U.S. Constitution.

It is an interesting interpretation of the Fifth Amendment and the Fourteenth Amendment by the smartest, most brightest members of government, your servants.

A criminal defense lawyer once told me how he prepares for going to court: ‘When something favors the government it is allowed. When something disfavors the government it is disallowed. It makes no difference what the rules say.’

Kelo has its supporters: Those who run cities and counties. Developers who use eminent domain to grab property at substantially less than what they would have to pay for it. Those elected and appointed government officials who get kickbacks, in one form or another, from developers. Those corporations who use eminent domain to acquire property for expansion and new facilities, at less than they would have to pay for it. Those elected and appointed government officials who get kickbacks, in one form or another, from corporations.

Everyone else, understands the message that private property is no longer safe to invest one’s time, efforts and money upon.

The Constitution, ratified by the existing States, created the federal government and the absolute and expressed limitations of its powers within. Our federal government, that was expressly dedicated only to protecting the life, liberties and property of individuals, no longer does any of these functions. The Constitution is no longer worth the paper it is written upon.

As far as the government is concerned, it is you citizens that are the public servant. You had better get use to your place in their schemes, wants and desires. Because their needs supercede your consideration.

Further reading

The implications for the poor.

More analysis on Kelo

New Orleans & Kelo 1

New Orleans & Kelo 2