Cactus Thorns

Contact: Jeff Lungren or Terry Shawn, 202-225-2492, both of the House Judiciary Committee

WASHINGTON, June 30 /U.S. Newswire/ -- House Judiciary Committee Chairman F. James Sensenbrenner, Jr. (R-Wis.) today introduced bipartisan legislation addressing the Supreme Court's June 23 decision in Kelo v. City of New London. Chairman Sensenbrenner expects House Judiciary Committee consideration of this issue and legislation later this year.

Chairman Sensenbrenner delivered the following remarks on this issue today during House floor debate on H. Res. 340, which strongly condemned the Court's Kelo ruling:

Mr. Speaker, I rise in strong support of H. Res. 340, a resolution introduced by the gentleman from Georgia, Mr. Gingrey, strongly condemning the Supreme Court's 5 to 4 decision in Kelo v. City of New London. In this case - handed down on June 23 - the Supreme Court transformed the public use doctrine under the Fifth Amendment's Takings Clause to allow the government to take private property for "economic development." The Fifth Amendment of the U.S. Constitution specifically provides that "private property" shall not "be taken for public use without just compensation." This decision assaults the constitutional rights of all Americans and unsettles decades of judicial precedent.

As the dissent in this case pointed out, under the majority's opinion, "Any property may now be taken for the benefit of another private party . . . (T)he government now has license to transfer property from those with fewer resources to those with more. The Founders cannot have intended this perverse result."

To give legislative force to this resolution, today I introduced H.R. 3135, the "Private Property Rights Protection Act of 2005." This bipartisan bill will help restore the property rights of all Americans that the Supreme Court took away last week. I am pleased that the Ranking Member of the Judiciary Committee, Mr. Conyers, is the lead Democratic cosponsor, and that 64 additional Members have already agreed to support this measure. (More...)

More actions by cities

ARLINGTON TX- City officials expect to file condemnation cases within the next few weeks against 51 properties at the site of the future Dallas Cowboys stadium. (More)

Co-op files land condemnation lawsuit
Daily Ardmoreite, OK
MARIETTA GA-- Convoluted and complex are descriptions used in a land condemnation lawsuit filed by Western Farmers Electric Co-op, Anadarko, to secure easements ... (More)

Washington, D.C. mayor Anthony Williams -- who praised the Court's decision - is expected to evict small businesses and homeowners later this year to build a new, privately-held baseball stadium.

Lodi has no interest in using eminent domain power

Although the U.S. Supreme Court has ruled that cities have the power to seize private property through eminent domain for economic development, the opinion is not shared by members of Lodi's city government.

"This should be in the hands of free enterprise," said Councilwoman JoAnne Mounce. "If you want my house, pay for it. If you want the house of the little old lady next door and she won't sell, then you have to wait for her to die. That's how we should do it in America."

Mounce's opinion is shared by Mayor John Beckman who called the court's action "waging a war on private property rights."

Lodi residents expressed their distaste for eminent domain through a petition drive that garnered about 3,500 signatures from people who wanted to force the Lodi City Council to overturn a law that had established a redevelopment agency with eminent domain powers.
http://www.lodinews.com/articles/2005/06/28/news/4_domain_050628.txt

The city council of Lodi stood tall and shows us all that Western Spirit of Independence and Patriotism. Our Twentynine Palms Council waits for the lawyers to tell them what to say. Maybe our next petition is going to be to repeal the establishment of our own Redevelopment Agency. After Kelo I think it would be an easy win at the polls. What do you think?

Utah Bans Eminent Domain Use by Redevelopment Agencies

Utah Gov. Jon Huntsman Jr. (R) on March 17 signed into law Senate Bill 184, effectively preventing the exercise of eminent domain authority by redevelopment agencies, which otherwise had the power to transfer land from one private entity to another. Local governments may still use eminent domain for more traditionally defined and understood "public purposes."
First State Legislature to Act

Utah appears to be the first state to take legislative action to curb the use of eminent domain by local governments. The use of eminent domain by local governments has grown over the past 30 years as cities have taken private property from one owner to give or sell to another private owner whose proposed use promises increased tax revenue or other economic benefits.

The Michigan supreme court ended the practice there in July 2004 by reversing the infamous 1981 Poletown decision, which had allowed a Michigan city to remove more than a thousand private homeowners from land that was then given to General Motors.

Fairfield Daily Republic: Decision endangers property rights

...In a 5-4 decision, the Supreme Court mugged the Fifth Amendment which states that private property is to be seized only for "public use." Traditionally, that has meant roads and parks and things of that nature. Now, with this ruling, it can pretty much mean anything. Expanding a city's tax revenue is reason enough to seize the home that you've worked hard for. A developer and corporation's right to make money trumps your right to your personal property.

...Part of the American dream is home ownership. When you own your own home you feel like you've made it. You feel proud. You're the king of your castle. That is, unless a strip mall would bring in more tax dollars sitting on your property. Peace.

Kelvin Wade is a writer and lives in Fairfield. Reach him at kelvinjwade@aol.com.

Victorville Daily Press: The disconnect on the Court

...As with the Kelo ruling last week, in which a 5-4 majority (Breyer was in the majority there, too) decided that it was OK for local governments to run homeowners off their private property in the interests of increasing government's tax revenue, these decisions cry out for a revamping of the Supreme Court by George W. Bush. About 70 percent of Americans %u2014 according to the most recent poll we saw - believe in a god. They're religious, in other words. And in a poll taken after the Kelo decision, about 85 percent of United States citizens thought the Court had done a terrible thing by telling people in New London, Conn., that if the city wanted to take their homes there was nothing to stop them.

http://www.vvdailypress.com/2005/112013638189977.html

National Parties Silent on Kelo

We've been waiting for the National Political Parties to come out with a statement on the Kelo v New London decision. Here are the responses so far.

Well the Greens and the Libertarians have weighed in on Kelo but the rest... Maybe it is time we send the rest a message.

Property Advocates Examines the Impact of Landmark Kelo v. New London Decision

Washington, D.C. (PRWEB) June 30, 2005 -- A new briefing paper titled, “Private Property Rights Under Siege: Has The Mere Suggestion of Economic Development Greased the Skids for Private Land Grabs in America” concludes that as a result the landmark decision in Kelo v. City of New London, No. 04-108 (U.S. June 23, 2005) (New London) eminent domain abuse by state and local governments is likely to surge except in those jurisdictions where economic development takings are expressly prohibited by state law.

Prepared by Rawle Andrews Jr., Esq., and Leroy Jones, Jr., JD in the DC Office of Andrews & Bowe, PLLP, the report examines: (1) the adverse impact of economic development takings on the American Dream; (2) the historical limits on condemnation law under the U.S. Constitution; (3) the significance of the Michigan Supreme Court’s recent rejection of the controversial Poletown decision; (4) the Five Stages of Involuntary Home Loss; and (5) the vital importance of increased political action by homeowners, entrepreneurs and residential tenants at the planning commission and city council level before land development proposals are approved, as well as the early retention of professionals (e.g., attorneys, accountants and appraisers) to preserve private property rights under federal and state law.

A National Backlash Could Restore Rights

...There may be a silver lining in all of this: Kelo is not merely a bad decision, but one so utterly repellent that it has flamed a firestorm of anger and rebellion across the nation. Concerned citizens now know that, thanks to Justice Stevens and his colleagues, when the wealthy and powerful covet their property, they are without any protection, stripped of their basic Constitutional rights. Distilled to its essence, Justice Stevens’s ruling has not just entitled the rich to prey upon the poor, but it also supports a process that encourages them to do so and thereby grants planners the resources and violence of the state to facilitate their acquisitive interests. Perhaps not since Dred Scott have the weak been so abused by the nation’s highest court.

So what to do? To his credit Senator John Cornyn (R-TX) has lit the match of rebellion with the introduction of the "Protection of Homes, Small Businesses, and Private Property Act of 2005" to prohibit the transfer of private property without the owners’ consent if the transfer is for economic development rather than public use. And House Judiciary Chairman James Sensenbrenner (R-WI) will introduce the "Private Property Rights Protection Act," which is intended "to restore the property rights of all Americans the Supreme Court took away on June 23." But more needs to be done, and the Court has handed President Bush an extraordinary opportunity to stand tall in defense of the ordinary people who have stood with him throughout his presidency.

To your side, Mr. President, summon some of the hundreds and thousands of Americans from around the country who have been dispossessed of their homes and businesses by the powerful businesses in search of a better location to sell their soap and socks.. Tell these people that you share and embrace their hopes and aspirations to fulfill the American Dream, and promise that you will stand by them and guarantee them equal protection under the law.

Include with theses dispossessed homeowners Susette Kelo, who has struggled for 7 years against all odds to preserve her home in New London, Connecticut. Invite Senator Joe Lieberman (D-CT) to join you on behalf of his constituent, and tell the world that this shall not stand. Tell them, too, that you are asking the U.S. Congress to enact emergency legislation to stay the Court’s destructive ruling and allow her to stay in her home. And once her home is secured, work with Congress to enact a comprehensive package of legislation to restore to the American people the property rights they once enjoyed under the protection of the Constitution. You should also urge Congress to extend similar protections from the increasing abusive land use restrictions - imposed under the guise of smart growth principles - that are making homeownership unaffordable for moderate-income families.

Set the fire, Mr. President, and let the American people have their Tea Party against corporate privilege.

Tracy Press: Justices give last property rites

STANFORD - You may own your own home and expect to live there the rest of your life. But keep your bags packed, because the Supreme Court has decreed that local politicians can take your property away and turn it over to someone else, just by using the magic words "public purpose." We're not talking about the government taking your home in order to build a reservoir or a highway for the benefit of the public. The Constitution always allowed the government to take private property for "public use," provided the property owner was paid "just compensation." What the latest Supreme Court decision does with verbal sleight-of-hand is change the Constitution's requirement of "public use" to a more expansive power to confiscate private property for whatever is called "public purpose" - including turning that property over to some other private party...

http://www.tracypress.com/voice/2005-06-29-sowell.html

Kelo in California: Who Really Owns Your Property?

With all the storm over the Kelo case, which just put property rights at the mercy of local governments, a Californian ought to ask, how it affects property owners in the Golden State. Veteran attorney C. Robert Ferguson has some terrifying particulars to add in this essay exclusively for the Claremont Institute’s Center for Local Government. He has successfully argued many cases on behalf of the victims of redevelopment and eminent domain. Ferguson wrote this eye-opening essay on redevelopment in the plush town of Claremont. Assuming California will adhere to the federal standards announced by the Court, he argues in his new essay that:

•Prior to Kelo, evidence of blight was required before a city could condemn private property for private development.

•Governments and those with sufficient resources to mount legal fights are even further advantaged.

•Eminent domain can now proceed without the technicalities previously required for redevelopment projects.

Cities and Redevelopment Agencies should be required to concentrate on revitalizing areas that have become a physical and economic liability, and not be permitted to redevelop viable areas simply for the gain of tax revenue. There is no reason to assume that California or any other states will have more restrictive standards than the federal one. Unfortunately, the United States Supreme Court has decided that cities can use their power simply as a convenient revenue source. Kelo will unleash local governments to abuse their powers to unimaginable heights.

Less than a week since the Kelo Ruling

Since the Kelo ruling here is some of the things cities have done to their citizens:

Lake Zurich, Ill. -- Five property owners facing condemnation for private development had asked Lake Zurich officials to hold off until the Kelo decision. The Chicago Tribune reports that City officials are now moving to condemn.

Arnold, Mo. -- "Arnold Mayor Mark Powell applauded the decision," reports the St. Louis Post-Dispatch. The City of Arnold wants to raze 30 homes and 15 small businesses, including the Arnold VFW, for a Lowe's Home Improvement store and a strip mall--a $55 million project for which developer THF Realty will receive $21 million in tax-increment financing. Powell said that for "cash-strapped" cities like Arnold, enticing commercial development is just as important as other public improvements.

Baltimore, Md. (West Side) -- The City of Baltimore is moving to acquire shops on the city's west side for private development. Ronald M. Kreitner, executive director of Westside Renaissance, Inc., a private organization coordinating the project with the city's development corporation, told the Baltimore Sun, "If there was any hesitation because of the Supreme Court case, any question is removed, and we should expect to see things proceeding in a timely fashion."

Baltimore, Md. (East Side) -- Baltimore's redevelopment agency, the Baltimore Development Corp., is exercising eminent domain to acquire more than 2,000 properties in East Baltimore for a biotech park and new residences. BDC Executive Vice President Andrew B. Frank told the Daily Record the Kelo decision "is very good news. It means many of the projects on which we've been working for the last several years can continue."

Newark, N.J. -- Newark officials want to raze 14 downtown acres in the Mulberry Street area to build 2,000 upscale condo units and retail space. The Municipal Council voted against the plan in 2003, but then reversed its decision eight months later following re-election campaigns in which developers donated thousands of dollars. Officials told the Associated Press that the Mulberry Street project could have been killed if the U.S. Supreme Court had sided with the homeowners in Kelo.

Lodi, N.J. -- Save Our Homes, a coalition of 200 residents in a Lodi trailer park targeted by the City for private retail development and a senior-living community, goes to court on July 18 to try to prevent a private developer from taking their homes. Lodi Mayor Gary Paparozzi called the Kelo ruling a "shot in the arm" for the town. He told the Bergen County Record, "The trailer park is like a poster child for redevelopment. That's the best-case scenario for using eminent domain."

Cleveland, Ohio -- Developer Scott Wolstein has planned a $225 million residential and retail development in the Flats district. Wolstein has most of the property he needs, but is pleased that Kelo cleared the way for the City to acquire land from any unwilling sellers. If eminent domain is "necessary," he told the Plain Dealer, "we think this makes it clear that there won't be any legal impediments." Previously, city leaders publicly supported Wolstein's call for eminent domain.

Dania, Fla. -- The South Florida Sun-Sentinel reports that Dania Beach City Manager Ivan Pato "expressed joy" over the ruling in Kelo. Dania plans to buy a block of properties for a private development project, and Pato said the city will use eminent domain to oust unwilling sellers. "Unless we expand the city's tax base . . .our residents are facing rising taxes on their property," Pato said. "Redevelopment is the only way we will be able to make ends meet."

Memphis, Tenn. -- The Riverfront Development Corp. is planning a massive, 5-mile development effort, including the use of eminent domain to claim a four-block section from the current owners for a mixed-use development. "[Kelo] definitely gives the city more tools in its tool box for dealing with the legal issues surrounding that piece of property," RDC president Benny Lendermon told the Commercial Appeal.

Hollywood, Fort Lauderdale and Miramar, Fla. -- Broward County officials yesterday cleared the way for new condo and retail development in these three cities. Hollywood residents in the targeted area fear their homes may now be taken for economic development following the Kelo decision. Mayor Mara Giulianti said the City would use eminent domain on a "case-by-case basis" to remove homeowners unwilling to sell.

"The trailer park is like a poster child for redevelopment. That's the best-case scenario for using eminent domain."

Supreme Court justice faces boot from home?

Weare, New Hampshire (PRWEB) Could a hotel be built on the land owned by Supreme Court Justice David H. Souter? A new ruling by the Supreme Court which was supported by Justice Souter himself itself might allow it. A private developer is seeking to use this very law to build a hotel on Souter's land.

Justice Souter's vote in the "Kelo vs. City of New London" decision allows city governments to take land from one private owner and give it to another if the government will generate greater tax revenue or other economic benefits when the land is developed by the new owner.

On Monday June 27, Logan Darrow Clements, faxed a request to Chip Meany the code enforcement officer of the Towne of Weare, New Hampshire seeking to start the application process to build a hotel on 34 Cilley Hill Road. This is the present location of Mr. Souter's home.

Clements, CEO of Freestar Media, LLC, points out that the City of Weare will certainly gain greater tax revenue and economic benefits with a hotel on 34 Cilley Hill Road than allowing Mr. Souter to own the land.

The proposed development, called "The Lost Liberty Hotel" will feature the "Just Desserts Café" and include a museum, open to the public, featuring a permanent exhibit on the loss of freedom in America. Instead of a Gideon's Bible each guest will receive a free copy of Ayn Rand's novel "Atlas Shrugged."

Clements indicated that the hotel must be built on this particular piece of land because it is a unique site being the home of someone largely responsible for destroying property rights for all Americans.

"This is not a prank" said Clements, "The Towne of Weare has five people on the Board of Selectmen. If three of them vote to use the power of eminent domain to take this land from Mr. Souter we can begin our hotel development."

Clements' plan is to raise investment capital from wealthy pro-liberty investors and draw up architectural plans. These plans would then be used to raise investment capital for the project. Clements hopes that regular customers of the hotel might include supporters of the Institute For Justice and participants in the Free State Project among others.

# # #

Logan Darrow Clements
Freestar Media, LLC

UPDATE: "Am I taking this seriously? But of course," said Charles Meany, Weare's code enforcement officer. "In lieu of the recent Supreme Court decision, I would imagine that some people are pretty much upset. If it is their right to pursue this type of end, then by all means let the process begin." (More...)

Rutan sees future legislative restrictions on cities

Joe: Steve Maybe you and Council could make an ordinance to stop eminent domain for private economic purposes. I believe that most if not all of the citizens in the community will support an ordinance such as this

Steve: Already done. I asked for a brief from the City Attorney in regards to the Kelo decision and what affects it may or may not have in our City. Look for the brief in August.

Two months seems to me a long time for such an important question to be answered so off to http://www.rutan.com/ I went and found the firms official brief on Kelo vs. City of New London.

"...The practical, short-term impacts of Kelo are likely to be two: first, as suggested by Justice Kennedy in his concurring opinion, courts are likely to conduct a stricter, "meaningful rational basis review" of local governments’ decisions to condemn. (Slip Op. at 3, Kennedy J., concurring.) The majority apparently took great comfort in the extensive administrative record attending New London’s adoption of its economic development plan. Local courts are likely to follow suit, and begin looking for more evidentiary support in decisions attending future condemnations, or whether the professed public benefits are "only incidental or pretextual[.]" (Slip Op. at 1, Kennedy J. concurring.) The opinion offers little in the way of guidance on how this inquiry is to proceed, however.

Second, all states, including California, are likely to begin reexamining statutory authorization of the use of eminent domain for economic development. The majority opinion essentially invited this review, admitting the use eminent domain to promote economic development was a matter of "legitimate public debate." (Slip Op. at 19.) Just because the U.S. Supreme Court permits local governments to pass and implement laws to condemn private property for economic development does not mean they will (or continue to) do so. [Emphasis added]

Given the perception that the Supreme Court’s decision in Kelo heralds a new expansion of the government’s condemnation power, introduction of responsive legislation restricting that power cannot be far behind. Nor can the debate whether any public benefit is sufficient to meet the public use requirement, even if the sole purposeof the underlying project is to create a boon to the economy, and if so, whether that leaves any meaningful restriction on the government’s power of eminent domain."

From the brief's reading they see a legislative backlash and future limitations on eminent domain authority given to cities.

Good Men did nothing

When they took the Second Amendment, I was silent because I didn't own guns.
When they took the Fourth Amendment, I was silent because I didn't deal drugs.
When they took the Fifth Amendment, I was silent because I was innocent.
When they took my neighbors property, I was silent because he was untiddy.
Now, they've taken the First Amendment, and I can say nothing about it.

Greet property swipe constructively

LIKE SQUEALER the Pig from George Orwell’s "Animal Farm," the Supreme Court recently rewrote the Fifth Amendment to allow municipalities to condemn property for private use.

This makes it necessary to deploy -- they have already been developed and unfortunately used on innocent corporations and developers -- legal and nonviolent "scorched earth" methods through which victims of eminent domain theft can make the seized property unusable.

"Power Grab" (Wall Street Journal, Feb. 15, 2001) describes how union lawyers "hit on the novel but, for California, entirely sensible idea of threatening environmental lawsuits based on state and federal laws. The game is to delay the construction of power plants until their builders sign what are called project labor agreements, or PLAs." The same laws can doubtlessly be turned against, for example, a big box retailer that seizes private homes and small businesses to build a shopping mall.
http://www.centredaily.com/mld/centredaily/news/opinion/12001977.htm

What the Country is saying about KELO

We all woke up this morning in a different country as a result of a decision which holds, in essence, that the government's right to higher tax revenues is paramount over the citizens' rights as property owners.
http://powerlineblog.com/archives/010831.php

Okay, so you're an average homeowner living in Average Town, USA. Unfortunately for you and your family, the city council of Average Town thinks that your land should be forcibly taken from you and sold to a real estate developer...and you can't do anything to prevent it. The city council argues that your land would generate more tax revenue for the city if you weren't living there anymore...and if a shopping center stood in its place instead..
http://www.applegateoregonnews.com/articles/index.cfm?artOID=304306&cp=10963

Before the sun set on the "Kelo" decision the city of Freeport, TX, was using it as justification to draw up condemnation papers for two (profitable) seafood companies that occupy land where Freeport wants to build a (potentially more profitable) private marina.
http://www.freenewmexican.com/news/29498.html

Currently, Arkansas, Florida, Georgia, Illinois, Kentucky, Maine, Montana, South Carolina, Virginia and Washington already forbid the use of eminent domain for economic development unless it is to eliminate blight. Other states either expressly allow private property to be taken for private economic purposes or have not spoken clearly to the question.
In other states, legislators are taking action. California State Sen. Tom McClintock, who ran for governor against Arnold Schwarzenegger, said the Supreme Court "broke the social compact by striking down one of Americans' most fundamental rights."

This is a monster of a decision that opens the door to untold government corruption.

BTK suspect Rader pleads guilty to slaying spree that terrorized Wichita, Kan.

WICHITA, Kan. - BTK suspect and Park City Code Enforcement Officer Dennis Rader, plead guilty Monday to 10 counts of first-degree murder, admitting in a chillingly matter-of-fact voice to a series of slayings that terrorized the city beginning in the 1970s
(More)

Rader attended Wichita Heights High School, 1963; Wichita State University, bachelor's degree in administration of justice, 1979.

He Served in Air Force during Vietnam as a mechanic, 1966 to 1970, reached the rank of sergeant; worked the Coleman Co., a manufacturer of camping equipment, June 1972 to July 1973; worked for ADT home security company, 1974 to 1988; U.S. Census field operator, 1989; compliance officer for Park City, 1991 to 2005.

His last known murder was in 1991, his killing spree ended that year when he got his job as a compliance officer for Park City. His comment about the job says it all, "Why kill them quickly when you can torture them for years with the full power of the law."

High Court to homeowners: Stick 'em up!

It's like a bad dream, or a summer disaster movie. But this is real. We live under a regime that can and often does grab our homes and small businesses to create what politicians call "economic development." The process is simple: the government takes our property, pays us what it thinks the property's worth, and then hands our property - in finely crafted "sweetheart deals" - to developers and big corporations that will produce greater tax revenue.

(more) http://www.townhall.com/columnists/pauljacob/pj20050626.shtml

Supreme Court Guts First Amendment

The long held First Amendment right to withhold a reporters sources has been struck down by the Supreme Court today.

Ten Commandments Are Out

Fox News reports that the Ten Commandments are out… That would give credence to the fact that the US Supreme Court’s ruling on Kelo vs. The City of New London shied away from “Thou shall not steal.”

UPDATE: Another ruling on the 10 commandments has ruled in favor of placing monuments containing the 10 Commandments on government property..... just not in court houses. We assume lawyers shouldn't be burdened with such tivial stuff like thou shall not steal or covet or lie or etc....

Kelo v. City of New London: Ruling not good

It's been decided that property can be taken by the government. That makes it a very sad day here in San Bernardino County. Because people like Maggie Pacheco and other officials with the full support of the Sun newspaper have decided to cleanse our County of the poor,ill and people of color. They decided that the County was in need of a face lift and complexion change. Therefore, they decided to change the complexion of the people in the County through government abuse and ethnic cleansing. Maggie Pacheco and others feel that the poor and those of color need to be replaced by the rich, White and the wealthy. They feel White people and those with money are more superior and more desirable than the current residents are. In other words, Maggie Pacheco and others feel it's too much color in the County so the face of the County needs to change. This is a scary vision that they have..........

http://journals.aol.com/dawncrawford71/DawnCrawford/entries/2153

Liberal Majority on the U.S. Supreme Court Shreds Property Rights

After Thursday’s 5-to-4 United States Supreme Court decision in Kelo v. City of New London, Connecticut (with the soon-to-retire Chief Justice Rehnquist, and Justices O’Connor, Scalia and Thomas in dissent), no one’s property is safe.

What the Supreme Court did, in the words of Justice O’Connor, was to hang "the specter of condemnation" over all property. She wrote, "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." She added, "Who among us can say she already makes the most productive or attractive use of her property?"

Deputy remembered as public servant, leader

TWENTYNINE PALMS - Their hands snapped to their foreheads as a group of Marines and San Bernardino County sheriff's deputies said farewell Saturday to one of their own, Greg Gariepy, who died last week on his way to help a fellow officer. About 200 uniformed men and women stood saluting Gariepy's flag-draped casket as a gun salute and helicopter flyover marked the end of the funeral for the 39-year-old man, remembered by his friends and colleagues as a true public servant. "He served our country and protected us, but that wasn't enough,' Sheriff Gary Penrod told mourners as he fought off tears. "He gets out of the Marines and joins the Sheriff's Department to fight crime here at home. It's a tough job and, on occasion, we lose somebody.'

http://www.sbsun.com/Stories/0,1413,208~12588~2939309,00.html

GOP to introduce an amendment to restore the original meaning of "Property Rights" in Bill of Rights

Senator Tom McClintock released the following statement on the United States Supreme Court decision in Kelo v. City of New London, Connecticut.

"Today the U.S. Supreme Court broke the social compact by striking down one of Americans' most fundamental rights. Their decision nullifies the Constitution's Public Use clause and opens an era when the rich and powerful may use government to seize the property of ordinary citizens for private gain."

"The responsibility now falls on the various states to reassert and restore the property rights of their citizens. I am today announcing my intention to introduce an amendment to the California Constitution to restore the original meaning of the property protections in the Bill of Rights. This amendment will require that the government must either own the property it seizes through eminent domain or guarantee the public the legal right to use the property. In addition, it will require that such property must be restored to the original owner or his rightful successor, if the government ceased to use it for the purpose of the eminent domain action"
http://www.ca-ra.org/

The Democrat Caucus in Sacramento have been silent about Kelo to date. Their sites have no comments on Kelo. See here and here

Anaheim Mayor Curt Pringle Says Supreme Court Ruling in Kelo V. New London Puts Burden on Local Governments to Defend Property Rights

ANAHEIM, CA - (June 23, 2005) - Curt Pringle, the Mayor of Anaheim, California, expressed deep regret today over the United States Supreme Court Decision in the case of Kelo et al v. City of New London. In the 5-4 decision announced today, the Court ruled that cities may use eminent domain power to seize private property from residents, even if the sole "public purpose" of the seizure is to then give the land to another private party for economic development purposes. Mayor Pringle issued the following statement: "Not all cities applaud this decision, and in fact, I, as Mayor, and a majority of my City Council colleagues believe it is wrong. "The effect of today's decision is that if property rights are to be defended, it will not be done by the courts, but by local government officials being cautious. The courts may have granted cities the right to seize property for economic development purposes, but that does not mean we should do so, and in Anaheim, we will not." ###

http://www.anaheim.net/administration/PIO/news.asp?id=571

Local Politican Happy As Clam Taking Your Home

The Kelo case was closely watched by local officials and residents, and experts said that an alternate ruling would have opened up legal challenges to current projects throughout the state.

"We're as happy as the biggest clam in the ocean," said Maggie Pacheco, assistant director of San Bernardino Economic Development Agency.

Pacheco said the ruling validates projects like The Hub, in which the San Bernardino agency acquired 70 homes and apartments in a low income neighborhood and turned it over to a developer, who replaced them with big-box stores and chain restaurants.

Here is our lack of protection under the California State Constitution:
ARTICLE 1 DECLARATION OF RIGHTS
SEC. 19. Private property may be taken or damaged for public use only when just compensation, ascertained by a jury unless waived, has first been paid to, or into court for, the owner. The Legislature may provide for possession by the condemnor following commencement of eminent domain proceedings upon deposit in court and prompt release to the owner of money determined by the court to be the probable amount of just compensation.

Notice that nothing prevents the transfer of your private property to another private citizen or corporation. It is high time we correct this by way of amending the state constitution.

Silence from local leaders on Kelo v. City of New London

The US Supreme Courts decision on Kelo v. City of New London is a big deal if you own property or have a business. Your property is at risk. We have been waiting for the local office holders and those who have held office to weigh in on the subject. As of this posting not one has taken the leap to either support or oppose the decision. I cannot understand their timid silence.

MORE GOOD KELO COMMENTARY

Scalia: 'Constitution Not Living Organism'

The Constitution is not a "living" document that changes with the times U.S. Supreme Court Justice Antonin Scalia says, but is to be interpreted on what the Founding Fathers meant at the time they drafted the Constitution.

That's how he determines the meaning of the document he told an audience Monday at Nashville's Vanderbilt University according the Vanderbilt Hustler.com.

The human Cost of the "Paradise Fire"

With the Morongo Valley "Paradise Fire" almost fully contained the human costs of the fire are beginning to become apparent. 3,022 acres of watershed has been lost, six homes have burned to the ground, one home damaged and scores of outbuildings have been damaged or completely lost to the fire.

Over one thousand first responders were assigned to the fire. CDF, U.S. Forest Service, local government, CA Dept. of Corrections, National Park Service, and the CHP have tentatively set the cost to control the fire at $1.2 million dollars.

Services for Gariepy

Services will be held onboard MCAGCC Twentynine Palms Saturday June 25th for the late Deputy Greg Gariepy. All those wishing to attend should meet at the Oasis Church on Utah Trail by no later than 11:00 AM to be convoyed on Base.

The treacherous revisionist court stab the people in the back

Abraham Lincoln's dream "...that government of the people, by the people, for the people, shall not perish from the earth," would seem to be in jeopardy with the High Courts decision on property rights. It is rumored that a small earthquake was detected at the Oak Ridge Cemetery in Springfield, Illinois as Lincoln turned in his grave.
In a closely watched case, petitioners from New London, Conn. challenged the government's use of eminent domain to take and pay for private property and use it for private economic development. Home and business owners' contention that economic development doesn't qualify as public use "is supported by neither precedent nor logic," Justice John Paul Stevens wrote for the majority.
The decision was 5-4, with Chief Justice William Rehnquist, Justices Sandra Day O'Connor, Antonin Scalia and Clarence Thomas dissenting. They believe that it is an example of "disproportionate influence and power" to the well-heeled in America.
The New London City Council transferred power of eminent domain to a private, nonprofit group of residents and business owners called the New London Development Corp., which seeks to build a hotel complex, conference center, offices and other structures.
Homeowner Susette Kelo and others petitioned the Supreme Court in the case, arguing that the city has no right to take their property except to build projects for explicit public use like roads or schools.
Property rights advocates were outraged at the court's decision.
This is the surest example that the Constitutional revisionist majority on the court must be replaced with those who defend the Constitution and uphold its original language and intent.

Paradise Fire Update

We have some good news and some better news. The good news is the Paradise Fire in Morongo Valley is more than 50% contained. The better news is that it turns out to be much smaller than first reported. As of 7:00 p.m. June 23, 2005 the fire consumed 3,022 acres opposed to the 6500 acres first reported.
With 991 fire personnel that include 69 engines, 4 air tankers, 4 helicopters, 5 dozers and 7 water tenders firefighters are getting a handle on the fire that has burned 6 homes and damaged one.
The Fire is currently burning in difficult terrain in a north/northeasterly direction away from Yucca Valley.
http://www.fire.ca.gov/cdf/incidents/Paradise%20Fire_176/incident_info.html

Deputy Gariepy's everyday heroism

Here is a Poignant example of the everyday heroism of Greg Gariepy, that we gleaned from a letter to the editor of the Hi-Desert Star a year ago.

On the morning of Oct. 14 2004, just six days after my wife had given birth (by Caesarian) to our son at H.D.M.C. Special Additions. My wife started hemorrhaging severely. I quickly carried her to our truck and began driving to H.D.M.C. from our mesa home. I was praying as I entered onto Yucca Mesa Road.

Just as I said "Amen," I spotted a sheriff's vehicle approaching from the opposite direction. My prayer was answered.

As I passed the sheriff's vehicle, I waved them down; they immediately turned around and came to where I had pulled over.

I told the officers of my wife's condition and they said, "OK, let's roll." They got in front of me with lights and sirens. Despite all of the inconsiderate drivers on the road who either pretended not to see an approaching emergency vehicle or just didn't even care, officers (Jeff) Dieckhoff and (Greg) Gariepy gave my wife and I safe passage to H.D.M.C. where they had called ahead and had an emergency medical team waiting for us.

The two officers even came in the E.R. with us to make sure my wife was going to be OK.

Thank you very much, Officer Dieckhoff and Officer Gariepy. You guys are my heroes.

The Desert Sun: 6,200 acres burned in Morongo fire so far

The massive wildfire burning in the Morongo Valley and high desert area has consumed 6,200 acres so far, but the nearly 1,000 firefighters attacking it have been able to contain 30 percent of the difficult fire. "What we hoped would happen did, and the wind stopped. Things went really well for us last night," said Bill Peters, spokesman for the California Department of Forestry, which directs the state's wildfire efforts. According to reports from the Department of Forestry, as of 7 a.m., the Paradise Fire, which started about 1 p.m. Wednesday, continues to blaze as 37 fire crews, 33 engines, five airtankers, four helicopters and seven water tenders are deployed to the area about 10 miles from Palm Springs.

Link to the Desert Sun and more of the story...

Check here for latest Information from the California Department of Forestry.
CDF Current Major Incidents

Out of Control Supreme Court Rules Cities May Seize Homes

WASHINGTON -- A divided Supreme Court ruled Thursday that local governments may seize people's homes and businesses against their will for private development in a decision anxiously awaited in communities where economic growth often is at war with individual property rights. The 5-4 ruling _ assailed by dissenting Justice Sandra Day O'Connor as handing "disproportionate influence and power" to the well-heeled in America _ was a defeat for Connecticut residents whose homes are slated for destruction to make room for an office complex. They had argued that cities have no right to take their land except for projects with a clear public use, such as roads or schools, or to revitalize blighted areas.

More from the Washington Post:

Supreme Court rules against property owners MarketWatch
Property can be taken for development-Supreme Court Reuters
Forbes - all 481 related »

"That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness." The Declaration of Independence of the Thirteen Colonies In CONGRESS, July 4, 1776

Desert Trail: Gariepy was an excellent officer

YUCCA VALLEY - A sheriff's deputy, Greg Gariepy, 39, was killed in a single-vehicle accident which took place at about 5 a.m. on Wednesday, June 22, on Old Woman Springs Road at Aberdeen. According to Chip Patterson, a spokesman for the sheriff's department, witnesses reported seeing Gariepy's patrol car leave the highway and overturn several times. Patterson said Gariepy was on his way to assist another deputy when he apparently lost control of his vehicle. He added that sometime during the accident, Gariepy was ejected from the patrol car.

http://www.deserttrail.com/articles/2005/06/22/news/news3.txt

In his year at the Morongo station, Gariepy developed an excellent reputation and was well-liked by the community and his co-workers, Deputy Chief Ed Ripley said.

He leaves behind a wife, Mishelle, and two children, Brent, 18, and Brooke, 15, Ripley noted.

A Message For Those Who Want To Help

The California Department of Forestry and Fire Protection (CDF) receives inquiries each fire season from citizens eager to help with fire fighting efforts. Though the offer of assistance is commendable and appreciated, the complexities involved at state and national levels regarding the ordering, tracking, supporting, and directing of resources are immense. In addition, CDF has strict training certifications and qualification standards that must be met in order to be assigned to direct fire suppression activities. Other considerations that make it difficult to accept offers of help include transportation, subsistence, personal protective equipment, and worker's compensation.

All equipment hired by CDF is done so through pre-hire agreements with CDF units throughout the state. For more information see 2005 CDF Hired Equipment Policy.

Though CDF greatly appreciates the desire to help, it is impossible to accept the offer of service. For information about seasonal firefighter and permanent positions with CDF please see CDF Careers. For information concerning federal fire fighting positions please refer to the USDA Forest Service.

One way citizens can support the fire fighting effort is to contact other agencies involved in the local emergency such as the American Red Cross.

Link: http://www.fire.ca.gov/cdf/incidents/index.html

Southern California desert fire threatens hundreds of homes

UNDATED (AP) - A 5,500-acre wildfire continues to burn out of control in the Mojave Desert community of Morongo Valley, but for now appears to be moving away from homes. At least seven homes have burned and about two dozen are still threatened. The fire is burning on both sides of state Highway 62, which is closed in and out of Morongo Valley. Flames also have reached into Joshua Tree National Park...
http://www.kesq.com/Global/story.asp?S=3508756

We're fighting with everything we have," said Bill Peters of the California Department of Forestry. "The wind is driving the flames."

Sensenbrenner Introduces Bipartisan Legislation Addressing Kelo Decision