On January 16th, 2007 the U.S. Supreme Court declined to hear an Eminent Domain case which involved a city approved developer trying to extort money from a property owner. When the property owner refused he was served with condemnation papers by the city the very next day.
We now know that even with the appointment by President Bush of two new "conservative" Supreme Court Justices since the Kelo vs New London Development decision, the Kelo decision will not be overturned.
Not only can your property be taken by eminent domain and given to a private developer, that private develper is now sanctioned to try and extort money from you if you want to keep your own property.
Here is a link to the story on the Institute For Justice website:
The Institute For Justice is the public interest law firm which brought both this case and the Kelo case before the Supreme Court. They have been referred to as a "Merry band of libertarian litigators".
In Missouri there is an ongoing Eminent Domain Abuse case in St. Louis:
The Missouri Legislature passed Eminent Domain Reform in 2006 which was signed by Governor Matt Blunt. The legislation did help limit eminent domain abuse for farmers but did very little for home owners, business owners and churches who can still have thier "blighted" property condemned by eminent domain and given over to private developers. Here is a link to the Institute For Justice's evaluation of the Missouri Eminent Domain Reform:
The Missouri Libertarian Party has a strong position on Property Rights and Eminent Domain. From our platform:
- End the practice of using eminent domain powers to seize property for the benefit of private developers.
- Repeal the ability of local governments to turn over condemnation authority to independent parties.
- Eliminate the use of "blight" as a rationale for using eminent domain to seize private property.
Darla Maloney, Chair of The Missouri Libertarian Party has been working with state legislators on resolutions which will be submitted to the state legislature within the next few weeks. These resolutions would put Amendments to the Missouri Constitution on the Nov 2008 ballot which would end Eminent Domain Abuse in Missouri.