In this AP news story, reproduced in The Terrorist Times, we learn that the Supreme Court is refusing to uphold the private property rights of American citizens from being "re-distributed" to wealthy land developers. The government of Port Chester, New York is going to take a number of small businesses and give the land to a redevelopment project. So once again, clowns in black robes are ignoring the intent of the constitution and siding with big, intrusive government. And you may notice in this story that Port Chester is not going to use the land for a school, road or public park. No, this is "re-distribution" from those without political clout to those who do have it. If you want to keep your property, you better make friends with your local politition by giving him lots of protection money.
In response to the action by Port Chester, property owner Bart Didden and his partners sued, saying the condemnation was purely for private financial gain and not for a public purpose.
A federal judge and the 2nd U.S. Circuit Court of Appeals say the property owners waited too long to complain in court.Port Chester and the developer agreed to the redevelopment in 1999 and Didden and his partners waited three years to file a legal challenge, lawyers for the village and developer say.
Lawyers for the property owners say it wasn't until the developer tried to exact a cash payment from them in 2003 that they had a basis to sue.The case is the latest twist in an ongoing debate over government taking private property for redevelopment.
In 2005, the Supreme Court ruled that municipalities have broad power to bulldoze people's homes and put up shopping malls or other private development to generate tax revenue.
The Port Chester land owners say that if the appeals court ruling is allowed to stand, it will effectively insulate condemnations in redevelopment areas from judicial review.
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