Property Takings Case

Over the last few days on radio, we have received literally thousands of phone calls from citizens across the country concerned with the Supreme Courts decision in the Kelo v. New London case.  In a 5-4 decision in Kelo, the Court authorized government to have the authority to take private property from one individual and give it to another private property if it was concluded that such a transfer would benefit the community through economic development.  That decision creates a scenario where churches and religious organizations, which are tax exempt, could be on the chopping block to make room for economic development that will enhance the tax base.  While the Fifth Amendment does require just compensation to be given, the government can take the property for any reason it chooses.  This is presenting a very dangerous precedent, and we are examining all avenues to ensure that private property is protected.  The decision in Kelo could impact your family home, your small business or even churches. 

Justice OConnor issued a dissenting opinion in which the Chief Justice, Justice Scalia, and Justice Thomas joined.  In her dissenting opinion, she duly noted that any single-family home might be razed to make way for an apartment building, or any church might be replaced with a retail store, or any small business might be more lucrative if it were instead part of a national franchise.  This was the concern Justice OConnor expressed with the Supreme Courts opinion, feeling strongly that the Court majority was wrong in allowing the taking of private property rights, when she wrote, "The specter of condemnation hangs over all property.  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."

We have launched a national petition campaign to generate support for a new piece of legislation introduced on Capitol Hill by Senator John Cornyn of Texas designed to counter this decision by the Supreme Court giving the government unprecedented power to take private property in whats known as the power of eminent domain.  Its called the Protection of Homes, Small Businesses, and Private Property Act of 2005 and seeks to ensure that the Fifth Amendment rights of property owners are protected.