Joseph Massino, boss of the Bonanno mob family, not a member of the Liberal Party

Things are getting nasty in the House of Commons, and when emotions are running high, it is easy to misconstrue the words of others.

For instance, the phrase "organized crime" is a loaded one. It doesn't have to mean "The Mob".

No one is saying that.

Really.

Well, just the FBI.

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One potential aftermath of Hurricane Katrina might be an attempt to remove private homeowners from shorelines, a long-time goal of many environmentalists, using the Kelo decision as legal cover.

Katrina, New Orleans, Kelo, environmentalism

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When New London won its case and the Supreme Court agreed that the land they confiscated 5 years ago was rightfully confiscated under the principle of eminent domain, who would think it could get worse for the poor folks who had lost their homes?

Well, it got worse.
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From the San Diego Union-Tribune:

San Diego redevelopment officials are using the threat of taking private property to compel a laundry business [Alsco] in Little Italy to negotiate selling its land to make way for a condominium and retail project.

What right does the city have to take sides in private negotiation like this? If you recall, the Kelo decision expanded the definition of eminent domain to include things like improving tax revenue. Normally, the State can take your property, with compensation, to build a road or some other common use property, and even then only after serious consideration. But now, in the US, a city council can chose sides depending on what property will generate more tax revenue. In this case, a condo development would be preferable to a laundry that employs 150 people. The laundry has been given the a month to respond -- they can sell, they can become partners with CLB, or they can develop their own condos.

Their own condos? Apparently, "No deal" is not an acceptable answer:

CLB Partners has sought, without success, to buy the Alsco land since 2000, developer Patrick Rhamey said. He described his company's communication with Alsco staff as courteous, but indecisive and frustrating.

Again, that's not supposed to be the problem of the city council. But the council is making threats of eminent domain to argue that a condo is more valuable than a laundry that has been operating at that location for over five decades.

When the Kelo decision came down, the warning was raised that the potential now existed for an alliance between well-heeled developers with close ties to city politicians to push out working class homeowners and business. Clearly, city planners would prefer to cater to the posh and boot out the hoi polloi.

It'll be interesting to know of any links between the developer, CLB Partners, and the Centre City Development Corp., San Diego's downtown redevelopment agency.

[Another example, also in California, reported at Captain's Quarters. And speaking of the posh vs the hoi polloi, read about Time$cam at Michelle Malkin, in which the Times is handed a prime piece of propery that was confiscated for "public use", but the lease agreement specifically forbids any other business on the property likely to attract the public -- daycares, dentists, discount stores (but posh and expensive art houses are OK)]

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I wrote this essay early this morning after having ruminated on the Kelo decision and its implications for Canadians and Americans. It's aimed at Americans, so feel free to post links at any American blogs you think might appreciate it.
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The Kelo decision continues to tear across the American political landscape. Meanwhile in Canada, there are people pushing for change for the better.
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Posted by: Steve Janke at 10:27 AM | Comments (3) | Add Comment
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South of the border, American bloggers are up in arms over the Kelo decision. As quoted by Michelle Malkin:

A divided Supreme Court ruled Thursday that local governments may seize people's homes and businesses against their will for private development in a decision anxiously awaited in communities where economic growth often is at war with individual property rights.

The 5-4 ruling represented a defeat for some Connecticut residents whose homes are slated for destruction to make room for an office complex. They argued that cities have no right to take their land except for projects with a clear public use, such as roads or schools, or to revitalize blighted areas.

As a result, cities now have wide power to bulldoze residences for projects such as shopping malls and hotel complexes in order to generate tax revenue.

Now understand that the situation is different for our American friends. They do still have a fundamental right to private property. If the state decides that property is needed for some public purpose, compensation must be provided as per the Fifth Amendment.

The furor is over how the scope of "public use" has been dramatically increased to include private property of use to the public, and that anger is justified in my view.

Still, they have it much better than we do here,

In Canada the Authorson decision made it clear that the Canadian government can take anything from anyone at anytime, no compensation, no warning, no nuttin'. The Supreme Court of Canada ruled that the government is essentially unfettered by any restriction. The Americans have taken a huge and dangerous step in that direction.

[As you can see from the strikeout, my thinking has evolved overnight, and I've come to believe that the Kelo decision is far worse than I originally thought.]

[Kevin Libin at the Western Standard walks us through the details.

Captain Ed and QandO gives us an extended analysis from the American point of view.]

[Update: Apparently this is shaping up to become a blogswarm in the United States. Why not a debate in Canada about our property rights, or lack thereof?]

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