Kelo: A Radical Response. Or, "Why I'll Never Succeed as a Politician"

The Washington Times explores the much-discussed possibility that the Supreme Court's Kelo decision might actually work against eminent domain by unifying people concerned about property rights. The article also discusses how Kelo has raised concerns outside conservative circles.

Many liberals worry that the new powers of eminent domain will be used mainly to seize the property of poor people in urban areas.

So, ostensibly, you have traditional conservatives and urban liberals on the same team. How long until one of these groups notes the potential for the obvious hat-trick by bringing yuppies on board? Impossible? I don't think so.  Keep in mind that I am not advocating this approach, just discussing what a political bombshell it would be.

The Nature Conservancy currently own and maintains substantial resources in Pennsylvania, such as the beautiful 3,034-acre West Branch Wilderness in Clinton County. Let's say some offical concerned about Kelo comes up with an "economic development plan" that calls for seizing that property and clearcutting it. Per Kelo, local leaders do not necessarily need a good plan. They just need a plan.

Similarly, the Western Pennsylvania Conservancy runs Fallingwater. A creative property-rights type might generate interest in the cause by crafting an economic development plan that would seize the property and turn it into a gravel pit. Or an oil well. Or a WalMart. All in the name of increasing tax revenue.

You see, no one is ever going to hit the yuppies where they live: i.e., nobody is going to suggest razing Fox Chapel for a new Penguins stadium. But someone might conceivably hit the yuppies where they play. Or at least places where yuppies tell people they play.

Nothing against yuppies. I probably am one. I even buy organic every now and then. And nothing against the West Branch Wilderness or Fallingwater. I loved Frank Lloyd Wright in The Fountainhead. I'm just saying that if people angry about Kelo want to generate some real power...

Man, I am going to take a beating for bringing this up...

Comments

[Amos the Poker Cat]

Are you disappointed that you have not yet been attacked for your "Chinese Free Trade", or this Kelo post yet?

Clearly, your idea is an amusing elaboration of the Lost Liberty Hotel.
http://www.freestarmedia.com/hotellostliberty2.html

[Sam M]

Nope. I am too busy being dissapointed by Kelo and related developments.

At any rate, I think the main difference from Lost Liberty is the fact that this could actually happen. A lot more targets--and a lot more chance that a self-appointed hero in some local govt will make such a move. I am not sure where Souter lives (it's early, and I am too lazy to look it up right now) but I bet it's not in a hotbed of property-rights activists. Such places exist, and things can get weird.

Will they? I don't think so. WOuld be interesting to watch, though.

At any rate, thanks for taking the time to read and comment

AntiRust

[Kira Zalan]

A day after the Kelo decision was delivered, Freestar Media LLC submitted a proposal in the town of Weare, New Hampshire where majority opinion writer, Justice Souter, owns a farm house. They requested that the town board condemn the land and give it to them, as private developers, who promise to construct the Lost Liberty Hotel in its place. Their tax revenue would no doubt be higher than the reported $2,500 that Justice Souter paid in property taxes last year. It would create employment and attract tourism. The town has a website, and an economic development committee, which has identified its two main goals: 1) Encourage the formation of new businesses, and 2) Promote tourism. However, contrary to its stated goals and the legally sanctioned purpose of economic development, the town’s board turned down the proposal.

So much for poetic justice. Justice Souter’s influence in his community shielded him from his own ruling. No other rational justification can be found.

Thankfully, the legislative branch is now busy at work attempting to shield private property rights from the Supreme Court ruling. It seems that the two may have switched roles, with the House defending the Constitution, and the Supreme Court writing new laws.

I thought I saw Alice the other day! Or maybe it was Justice Souter –skipping in Wonderland, immune to and above the laws he passes.