Senate Holds Hearings on Property Case

 

Yesterday the United States Senate began conducting hearings on the impact of the Supreme Courts decision in the Kelo case.  In Kelo, a Connecticut woman, Susette Kelo, lost her home for private development.  She asked the Senate on Tuesday to end the federal governments involvement in such seizures.  This case has caused a lot of controversy throughout the country.  Under Kelo, private homes can be taken by the government and given to another private developer for economic development.  While compensation has to be paid to the previous homeowner, until the Supreme Courts decision, the courts would not allow the government to take private residences simply for future development.  Eminent domain was only utilized for a public use such as a hospital, school or roadway.  Susette told the Senate Judiciary Committee, I sincerely hoped that Congress would do what judges and local legislatures so far have refused to do for me and for thousands of people like me across the nation:  protect our homes. 

 

State and national lawmakers around the country are moving quickly to blunt the effects of the Supreme Courts Kelo decision.  Senator John Cornyn (R-Texas) has introduced legislation which we are backing to not allow federal funds to be utilized for the unjust taking of personal property.  Sen. Cornyn said, The protection of homes, small businesses and other private property rights against government seizure and other unreasonable government interference is a fundamental principle and core commitment of our nation's founders. 

 

The decision in Kelo drew a scathing dissent from Justice Sandra Day OConnor, who noted that under the Courts decision private homes could be taken for apartment complexes and churches for retail malls.  The legislation is getting wide bipartisan support.  Even Representative Maxine Waters (D-California) said that Kelo is one of the most un-American things that one can imagine.  In Susette Kelos concluding comments, she said, This battle against eminent domain abuse may have started as a way for me to save my little pink cottage, but it has rightfully grown into something much larger -- the fight to restore the American Dream and the sacredness and security of each one of our homes.

 

One of the things that concern us is that as government seeks to find tax revenue, they will turn to acquiring the property of churches and religious institutions, which is generally exempt from real estate taxation.  This marks a dangerous precedent for churches and religious institutions.  

 

Over the next few weeks, we will be sending to our members around the country detailed information about the proposed plans to right this constitutional wrong that has been committed by the Supreme Court.