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The Supreme Court has the opportunity to modify the famous domain error.

MONews
8 Min Read

One of the US Supreme Court can soon reverse one of the worst decisions in recent memories. This is a ruling that the government justifies the stealing property from the owner and delivers it to a better connected private party. On Friday, the court will decide whether to consider the New York case that can be angry with the precedent. Kello vs. New LondonA prominent domain battle that stimulates legal reforms at the book, film and national level. While doing Kello It was a loss for those who wanted to set the boundaries of government power, and the court had the opportunity to do the right work this week. Bowers v. Oneida County Industrial Development Institution.

Kello We gave up the basic restrictions on government power

~ Inside the opposite Most of the decisions of 2005 Kello The New London government in Connecticut brought a house owned by SUSETE KELO, and a favorable developer, Sandra Day O’Connor Citation Calder vs. fire (1798): “[A] A. Law that brings property from and grants B: It is a violation of all reasons and definitions for people to leave the legislature with such authority. Therefore, they cannot be assumed that they did so. “

O’Connor said, “Today, the court gives up this old basic restriction of government power.in other wordsIt is given to the owner who will use it in a way that Congress is considered more beneficial to the public in the process. “

The vice versa was joined with the Supreme Court of William H. Rehnquist and Judge Antonin Scalia. In addition, those who agree with the opposition agreed with the great Americans that the Supreme Court signed a seizure of private property as long as the Supreme Court could show an eerie plan for the seized parcel and increased tax revenues. It does not even need to be a fulfilled promise. SUSETE KELO’s house maintained an uneven state when the project finished the project.

The response to Kelo included books and movies.Small pink house-And the wave of national court decision and legislative efforts to restore abuse of prominent areas.

In most states, we reformed a prominent area, not New York.

“from Kello vs. New LondonThe 47 state countries have strengthened their protection of prominent domain abuse through legislative or state Supreme Court decisions. ” memo The Ministry of Justice (IJ) Research Institute. Of course, not all reforms are equal. In the same state as Florida, IJ makes various efforts to take the “A” grade and Connecticut (where the Kelo incident occurred) with “D”. no way 2009 Study “The more economic freedom, the value of the new housing construction, and the low racial and income inequality have been found to have enacted more powerful restrictions in prominent areas.

And there is New York. IJ provides “f” in that state because IJ failed to try reform. 2009, the Supreme Court of the week admit As the seizure of private property for redevelopment, the bar may have been set too low. “But such a restriction on the sovereign power of prominent areas defined in the urban redevelopment context is a matter of legislative, not a court.” The legislature never acted.

So it’s not amazing Bowers v. Oneida County Industrial Development Institution It comes from the Empire State. It is not surprising that the situation looks so familiar.

“Bryan Bowers and his business partner, Mike Licata, bought real estate across the street at a new hospital in UTICA in New York.” According to To the Andrew Wimer of IJ, representing the manuscript of this case. “This real estate was adopted through prominent areas by Onida County Industrial Development Agency (OCIDA) and was used for parking for potential competitors.”

In other words, local officials preferred a private party in the primitive case of a terrible capitalism that violated private property and free market principles using prominent areas.

Opportunity to overturn bad decisions

~ Inside controversy The Supreme Court says that Bowers and IJ say, “The lower court does not agree with the method of implementation. KelloDevelopment plan and warning of personal beneficiaries. The result is… Patch work of conflicting rules. “In particular, New York applies minimal investigations to prominent domain cases, even when the grounds for seizure of property are clearly fake,” New York’s court insisted that the evidence of the excellence is not legally related. Kello Considering that four definitions have been publicly required to reconsider or overturn the decision.

In the Amicus briefing submitted to support Bowers, the CATO Institute and Ilya Somin of George Mason University claim that the Supreme Court must clearly claim. Kello Since the text of the public use provisions and the original meaning and deepness will be damaged by other errors, “The interpretation of the public use clause for providing property for transfer to the individual is associated with this promise and deep promise for the protection of property rights. “

Ironically, the defender of the forces cheered him. Kello decision-New York Times edit It shocked Americans because it was a “welcome to the city’s ability to act for the public interest of the city.” “It’s far from frustration with the ‘property rights’ movement. times’ The editorial committee was congratulated in 2005 and ruled on the protection of private property.

Resurrection of that interest has resulted in reforms in prominent areas in many states and regions. It warned the public that politicians often have been corrupted by politicians to compensate for their friends and allies. And it reminded that property rights are impossible from other protection of our freedom.

Judge Thomas Judge Thomas said, “The court recognized the priority of the sacredness of the house included in our tradition after the BC. I mentioned my opposition Kello. “Something seriously messed up the interpretation of the court’s constitution. Citizens are safe from the government at home, but the house itself is not.”

On Friday, March 21, the Supreme Court will decide whether to hear the case of Bowers and potentially reconsider the mistake. Kello.

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