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Kentucky's
Ongoing Struggle With Eminent Domain Legislation
by Mr. Right Opinion
I felt so bad after the mistake I made in my first edition of this article that
I felt I needed to make it up to Rep. Floyd. So, here is the corrected article
in its entirety. Again, my sincerest apologies to Rep. Floyd.
As battles over eminent domain (or what some politicians have shortened to ED)
rage on across the country, I have made it a bit of a crusade to see what
Kentucky's own lawmakers are doing to try to prevent cases like we have seen in
Connecticut, Florida, New York--the list goes on.
I previously wrote an article regarding my communications with State Sen. Gary
Tapp's office. While his office has been very nice in providing the bills that
have been proposed to the KY General Assembly regarding eminent domain, as I
mentioned in the article, some of the wording in the bill leaves several terms
open to interpretation. I eagerly await his office's explanation. As it becomes
available, I will post it here for all interested.
In the interim, I have also been in contact with State Rep. David Floyd of
Bardstown, who has been more than forthcoming in his responses--for which Mr.
Right Opinion has the utmost respect. Forthrightness in a politician, now who
can resist respecting that???
He has advised me that he is familiar with both the House and Senate versions of
the bills to which I alluded in my previous article. He also agreed that the
wording of those bills leaves a loophole for those who would wish to circumvent
the true meaning of the bill's intention, and use Kentucky's would-be-
newly-defined eminent domain laws just as they are being abused in Riviera
Beach, FL.
Rep. Floyd has assured me that he is currently penning a bill that would close
any loopholes to the Kentucky Eminent Domain issue. I look forward to receiving
a copy of that, and reporting it to you first.
Rep. Floyd emailed me a story about a fictitious family which could potentially
lose its home due to a vaguely worded eminent domain law. Truly a tragic
scenario which, unfortunately, is being played out in real-life far too often.
Hopefully, Rep. Floyd will not mind me disclosing at least part of his email, as
I feel it truly shows his position on this vital issue. He states, "The right to
own and protect property is basic to freedom and the rule of law. Kentucky's
Bill of Rights tells us that acquiring and protecting property is our 'inherent
and inalienable' right. Governments (city, county, state) cannot do anything
that would violate this right."
He continues, "But consider that we also grant to governments the power to
condemn your home and take it away from you. This is the power of 'Eminent
Domain' to take private property for public use, while providing just
compensation for the taking.
"Roads and schools are generally accepted 'public use' projects. As a people, we
haven't seriously objected to the government's use of Eminent Domain for such
undertakings. However, this summer the U.S. Supreme Court, by a 5-4 vote in its
Kelo v. New London decision, affirmed that the city of New London, CT could use
the takings clause to condemn private homes. But this was not for roads or
schools. This taking was for private 'economic development.' New London actually
delegated its eminent domain authority to a private businessman, who would build
hotels, condos, and office buildings in place of the private homes that he took
away.
So we see that governments are using their power to strip private property
rights from citizens, claiming that it's for our own good: more development
equals more tax revenue equals more government to do good things for you. Those
who exercise this authority are sincere in their efforts. But as C.S. Lewis
said, 'Of all tyrannies, a tyranny sincerely exercised for the good of its
victims may be the most oppressive.'"
Now, this is not a campaign stump for Rep. Floyd. However, it does give us a
feel for the kind of politicians which we want making decisions for our state.
Politicians who will uphold the Constitution and do what is right for "We The
People."
I certainly hope that our state legislators will become of the same mindset as
this Congressman. As I said, I look forward to seeing the legislation which he
will propose to protect Kentucky's citizens from the abuse of the
unconstitutional, liberal interpretation of eminent domain as recently handed
down in a divided (5-4) U.S. Supreme Court decision.
More to come...
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