This morning while I was reading the local paper, I came across yet another story dealing with eminent domain. The town in question claims that the oceanfront property is in a blighted area and the town needs the revenue that would be generated by taking the land and giving/selling it to a developer.
I know the issue of eminent domain has been discussed many times. I often think back to the intent of our founding fathers when I take a stand on a Constitutional issue. In this case, I refer to Article IV of the constitution.
Article IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Constitution was written by a people seeking to start a new country free from the oppression of their mother country. Articles IV speaks about the right of home/landowners to be free from unreasonable searches and seizures. The words are there...."the right of the people to be secure in their persons, houses, papers, effects against unreasonable searches and seizures". In my humble opinion, exercising the right of eminent domain is an unreasonable siezure. I may not like the raggedy oceanfront shack that your great grandfather built in 1875, but my country was built on the premise that you have the right to live in that home no matter what I think about it. You have the right to live there even if your neighbors are building multi-million dollar mansions. Our country was built on principles of freedom.
Maybe we should just repeal the constitution and start all over again. What do you think?
Maybe we should just repeal the Supreme Court? I can see where a city should have the right to take over abonded properies, and I can understand the need for more/better roadways; both of which take homeowner property. On the other hand, developing communities and their revenue base should be done only with respect to the people living there, but we have opened the door for them with the court's decision.