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SUPREME COURT SAYS LAND CAN BE SEIZED

by ThePete 4:58 pm 2005-06-23

Wow, this is a big deal. According to an article from AP.org at WashingtonPost.com, the Supreme Court has ruled that cities can seize land owned by you if the land is to generate tax revenue or supply jobs. Here’s a clip:

Justice John Paul Stevens, writing for the majority, said New London could pursue private development under the Fifth Amendment, which allows governments to take private property if the land is for public use, since the project the city has in mind promises to bring more jobs and revenue.

“Promoting economic development is a traditional and long accepted function of government,” Stevens wrote, adding that local officials are better positioned than federal judges to decide what’s best for a community.

Sure, it’s the job of government to give tax incentives to help businesses have an easier time doing business, but actually seizing land for said businesses? Does that sound like the fifth ammendment to you?

Hell, I always thought the fifth ammendment was the right to remain silent–but in fact, that’s not what it says. Here’s the Fifth Ammendment as quoted at Wikipedia.org:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

As Bush would say, I’ve emboldened the part that is important for this story.

So, the supreme court has now defined “public use of land” in the Constitution to mean getting tax revenue for the government or creating jobs. I don’t see either in the actual text of the fifth ammendment. To me it just seems like once again Big Government is doing a favor to Big Business. Wal-Mart rejoice! You now have the government on your side when looking for new land to build your cheap-labor exploiting discount paradises.

Government and business working together…

Another point to think about here is that land ownership is really a myth. Sure, the government compensates you when they kick you off your land, but what if you don’t want to go? Apparently, even the Constitution doesn’t protect you if you don’t want to go. There is that one part where it says that a person can’t “be deprived of life, liberty, or property, without due process of law.”

What happens when the law is bought and paid for by Wal-Mart?

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