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Todd Tiahrt: the U.S. Supreme Court this week effectively changed our Constitution by removing the protection of a fundamental right…

On the recordJune 30, 2005
the U.S. Supreme Court this week effectively changed our Constitution by removing the protection of a fundamental right of a free people--the right to private possession of land and property. Our Founding Fathers knew how vital private land ownership is to a democratic society. Article V of the U.S. Constitution states, ``nor shall private property be taken for public use without just compensation.'' For centuries Americans have relied upon this article for protection against abusive land transfers from one person to another. Yet last week, five Supreme Court justices ruled that private property can be taken by a government and then transferred to another private owner if such a taking will supposedly result in greater economic benefit to the community. With a weak majority ruling, a massive blow has been dealt to Americans' basic right to own and manage private property, without fear of the government taking that property. History reminds us that nations that disregard the rights associated with private property ownership disregard other fundamental rights of the citizenry. In fact, our own Supreme Court at its inception in 1789 called eminent domain a ``despotic power.'' We have recognized there are times when governments need to purchase private land to build a road or construct a school for use by the general public, sometimes against a landowner's wishes.…
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Todd Tiahrt
Kansas

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