The Kelo Decision: Investigating Takings of Homes and Other Private Property : Hearing Before the Committee on the Judiciary, United States Senate, One Hundred Ninth Congress, First Session, September 20, 2005, Volumen4U.S. Government Printing Office, 2005 - 159 páginas |
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action African Americans Americans bill blight building business owners Chairman SPECTER church city council compensation Congress Connecticut Constitution Court's decision decision in Kelo development projects dissenting domain for economic domain for private economic development eminent domain abuse eminent domain power ethnic minorities exercise of eminent federal funds Fifth Amendment going Hartford hearing homeowners homes and businesses housing Institute for Justice issue Jersey John Cornyn Justice O'Connor Justice Stevens Kelo decision land landowners legislation London Mayor PEREZ Midkiff million municipal neighborhood North Hempstead ownership pipeline political power of eminent private development private party Professor Merrill property owners public purpose racial and ethnic redevelopment plan relocate residents retail retransfer S.Ct seized Senate Judiciary Committee Senator Cornyn Senator Leahy September 20 Shelton small businesses statement take property taken Takings Clause tax revenues testimony Thank U.S. Constitution U.S. SENATOR U.S. Supreme Court urban renewal
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Página 65 - That all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot by any compact deprive or divest their posterity ; namely, the enjoyment of life and liberty, •with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety.
Página 65 - ... personal" right, whether the "property" in question be a welfare check, a home, or a savings account. In fact, a fundamental interdependence exists between the personal right to liberty and the personal right in property. Neither could have meaning without the other.
Página 65 - We see no reason why the Takings Clause of the Fifth Amendment, as much a part of the Bill of Rights as the First Amendment or Fourth Amendment, should be relegated to the status of a poor relation in these comparable circumstances.
Página 68 - Once the object is within the authority of Congress, the right to realize it through the exercise of eminent domain is clear.
Página 64 - The poorest man may in his cottage bid defiance to all the forces of the crown. It may be frail — its roof may shake — the wind may blow through it — the storm may enter — the rain may enter — but the King of England cannot enter ! — all his force dares not cross the threshold of the ruined tenement...
Página 5 - The specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a RitzCarlton, any home with a shopping mall, or any farm with a factory.
Página 40 - In 1999, Toledo condemned 83 homes and 16 businesses to make room for expansion of a DaimlerChrysler Jeep manufacturing plant. Even though the homes were well maintained, Toledo declared the area to be blighted. A $28.8 million loan from HUD was secured to pay for some part of the project. The plant ultimately employed far fewer people than the number Toledo expected. • Ardmore. PA. The Ardmore Transit Center Project has some actual transportation purposes. However, Lower Merion Township officials...
Página 76 - Responsible fiscal management and fundamental principles of good government require that government decision-makers evaluate carefully the effect of their administrative, regulatory, and legislative actions on constitutionally protected property rights. Executive departments and agencies should review their actions carefully to prevent unnecessary takings and should account in decision-making for those takings that are necessitated by statutory mandate.
Página 17 - Committee of the Section of Real Property, Probate and Trust Law of the American Bar Association WILLIAM P.
Página 66 - nothing in our opinion precludes any State from placing further restrictions on its exercise of the takings power...