Legal Commentary

What The Anti-Kelos Want

By Big Tent Democrat

Kevin Drum does not understand discusses what the anti-Kelo forces want:

Three years ago, . . .Kelo v. New London [was decided.] . . . Here in California, though, nobody seems to have the horse sense to get it right. Two years ago the lunatic brigade offered up Proposition 90, which not only restricted eminent domain but also tried to enshrine a longtime wet dream of the property rights movement: demanding government compensation for any restriction on land use. . . .Prop 90 failed. Big surprise. But not by much: if its supporters had just offered a clean eminent domain initiative, it might have won.

More...

So this year they're back. And guess what? They haven't learned their lesson. They're still stuck on offering a "Kelo-plus" initiative. This time it's Prop 98, which not only limits eminent domain but also phases out rent control, probably eliminates affordable housing laws, prevents courts from giving any special deference to state agency findings, increases eminent domain payouts, and prohibits laws that "transfer an economic benefit to one or more private persons at the expense of the private owner" — a deliberately vague statement that has the potential to wipe out an immense swath of environmental and land use regulations.

Kevin does not get it. The anti-Kelos do not care about that poor person's single family home. They never did. They want what Prop 98 asks for. Kelo is the Trojan Horse. The real agenda has always been dismantling government regulation. Drum and many so called progressive anti Kelos have never understood this.

My views on Kelo were expressed here. My representation of Wal-Mart was disclosed and the disclosure of my personal and professional information was rationalized as a "conflict," as a result of my expression of my personal views on Kelo. for the record, CostCo is much more dependent on eminent domain than Wal-Mart, but at any rate, the views stand on their own.

By Big Tent Democrat, speaking for me only.

Full post as published by TalkLeft on May 04, 2008 (boomark / email).