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How can you celebrate Independence Day knowing that government can now take your home?

By Christopher J. Derry, President, Bluegrass Institute

June 23, 2005 will forever live in infamy.  Those who understand that our Constitution was created to protect our liberty, not dispose of it, will look back on this day as a turning point. 

Some might say, "That's it, our republic is gone!" 

But others will grit their teeth and repeat with reverence the questions late president Ronald Reagan asked realizing it was his responsibility to slash our personal income taxes, "If not us, who?  And if not now, when?"  By now I hope you know what has happened…

Last Thursday, five Supreme Court justices decided that it should be permissible for your local government to confiscate your home and transfer it to a developer if he promises to build something that will generate more property taxes. 

It was Thomas Jefferson who said it best when he wrote, "The price of liberty is eternal vigilance."  Who's watching out for your liberty?

The final Supreme Court ruling was highly contentious.  "The specter of condemnation hangs over all property," said Justice Sandra Day O'Connor in a persuasive dissent.  "Nothing is to prevent the state from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall or any farm with a factory. The Founders cannot have intended this perverse result."

Mary Katherine Ham fully understood the potential consequences of this ruling on all Kentuckians in her recent web posting when she lamented:

"I own a 2-bedroom, 1,500 sq-ft house. No you don't. Because someone wants to put a 5-bedroom, 4,000 sq-ft house on your lot. It will bring in more property taxes.

I own a 5-bedroom, 4,000 sq-ft house. No you don't. Because a local BBQ-purveyor wants to turn your lot into a restaurant, which will turn a profit and produce more taxes than your home.

I own a successful BBQ restaurant. No you don't. Because a huge chain restaurant wants to turn your BBQ pit into a burger joint that turns more profit than your little spit can.

I own a busy chain restaurant franchise. No you don't. Because a developer wants to build a hotel there with more profit, higher property taxes, and more employees.

I own a full, bustling hotel. No you don't. We don't own anything anymore. Thank you, Supreme Court."

Another dissenting Justice, Clarence Thomas, predicts that this decision will persuade "those citizens with disproportionate influence and power in the political process, including large corporations and development firms, to victimize the weak."

If right now you are saying to yourself, "What is happening to our society?", then you and I are singing from the same hymnal.  We are straying from the fundamentals of a free society.  The purpose of government is to protect our liberty, not dispense with it. 

"Property rights are the foundation of a free society," wrote Cato senior fellow Mark Moller last week. "Securing those rights is among the most important goals of our Constitution. Unfortunately, today's ruling breaks faith with the Constitution, by holding that local bureaucrats have the power to take your property and give it to someone they hope will generate more revenue for city coffers. That leaves every property owner and small business person with more reason to fear that their homes and businesses will be confiscated for the benefit of someone wealthier or better connected. That's the very opposite of the system of stable private property our Founders meant to secure."

I put aside my career two years ago and started the Bluegrass Institute for Public Policy Solutions because I couldn't find an independent, nonpartisan group in Kentucky willing to stand up for our fundamental rights to life, liberty and the pursuit of happiness. 

Let me be clear what those two words, independent and nonpartisan, should mean to every Kentuckian.

Independent: That means no one controls what we write and say.  We believe that as long as our views are in alignment with the principles outlined in the Declaration of Independence & Constitution, bounded by applying sound economics to all potential public policy prescriptions, we'll meet your expectations.  We know that's the way you would do it if you were here.

Nonpartisan: That means we are not bound by the arm-twisting of either political party.  By now you know we don't make deals, selling out tomorrow for something expedient today.  Already both the Republicans and Democrats have been equally perturbed with positions we have taken, but neither party can shift our stance.  And you can take that to the bank.

Hire us as your watchdog. We are the organization we hope you will turn to for ideas that work for the betterment of Kentucky.  And you'll like where we get our best ones.  We scour the websites and publications of our colleagues who operate similar public policy organizations in 43 other states for ways their states are approaching the same problems that Kentucky faces. And we place them all on our website, www.bipps.org, for all to see.

We understand that ideas come first before decisions on public policy become law.  And we're committed to the idea that good policy makes good politics, not the reverse.  So if you have ever contributed to the campaign of someone running for an elected office, you can now see how we can influence future political campaigns.  Ideas emerge first, then political action.

To defend the core values upon which Kentucky was established, we conduct a good portion of our work within our Center for High-Performance Government.  We believe state and local governments should be measured not by the quantity of their inputs, but by the quality of their outcomes.  We call this approach "results-based government." 

As you're thinking about hiring us, consider whether these two projects are worthy of your investment:

KentuckyVotes.org - Cloning the efforts underway in Michigan, Minnesota and Washington, we are creating a free-to-the-public web-based initiative to practically describe each bill and hold the General Assembly responsible for their roll call votes. To the extent government actions are made transparent and held accountable, they are less able to limit our liberty and take our property.

If you want to find out how your state elected officials voted on a particular issue, you can call and ask them, or go to the library six weeks later and read about the results.  But if you want to know what is being voted on when the legislative session is in progress, you're virtually out of luck.  With your support, we will equip citizens to become activists on any subject they desire by placing all of the legislative activities online.  Isn't this worth your investment in us?

The Kentucky Piglet Book - Analyzing the $20 Billion Kentucky state budget for FY 2005-2006 to convey examples of out-of-control spending without regard to any logical set of priorities.  Addressing government waste is essential to ensuring the wise expenditure of funds today and government accountability tomorrow.  

Governor Ernie Fletcher ran on a campaign to eliminate waste, fraud and abuse in state government.  In your opinion, has he followed through on that pledge?  Instead, he promoted a confusing, complicated tax modernization program he described as "revenue-neutral."

From the time we first saw it, we called this plan a tax increase. Now tax receipts are up more that 10 percent for the year.  The General Assembly bonded an additional $2 billion in new projects, many of which are pure pork.  From now on, with your support, we'll identify unnecessary, wasteful spending in our annual pork journal so elected officials will think twice before larding up the budget. If you were in our spot, isn't this something you would do?

I hope by now you understand where we're headed.  To stay in business, we will never ask government for a red cent, but we need the investments of hundreds of Kentuckians like you.  If you could invest $25 or maybe $50 in our operation, and maybe ask your best friend to do the same, that would make all the difference.

The Supreme Court decision last Thursday potentially affected a lot more than the homeowners in New London, Connecticut.  A property you own here in Kentucky could be the next victim of this bizarre pronouncement.

My colleague, Chip Mellor, president of the Institute for Justice, whose attorneys fought long and hard, but lost this important Supreme Court battle, mentioned a silver lining in the dark cloud forming to eclipse our property rights:

"The majority and the dissent both recognized that the action now turns to state supreme courts where the public use battle will be fought out under state constitutions.  The Institute for Justice will be there every step of the way with homeowners and small businesses to protect what is rightfully theirs.  Today's decision in no way binds those courts."

Kentucky is one of just eight states that forbid the use of eminent domain for economic development unless it eliminates blight.  Together with the Institute for Justice, the Bluegrass Institute for Public Policy Solutions stands ready to defend a business owner's right to her business and a homeowner's right to his property.

You have my commitment that we will drive from Paducah to Pikeville, from Covington to London, to wherever this battle for property rights is debated in Kentucky to secure your right to own and use your property.  For without this right, our republic will soon be lost.

If you are one in a growing legion of Kentuckians who are concerned that this Supreme Court decision takes another slice of your liberty, hire us today to help you defend it.

Send us $10, $25 or more to make sure the case for liberty in Kentucky holds true.

Thanks for your help!

Chris

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