AP headline Jan. 24,
2012: Judge says Wheeling can
take 3 parcels for park.
What else need be said?
That, in a nutshell, is a perfect illustration of where America stands in
regards to constitutional private property rights – on shifty, sandy ground.
Recall Amendment
Five, denying government the ability or authority to take private property “for
public use, without just compensation.” Or, Samuel Adams, 1772, on The Rights
of the Colonists: “The supreme power cannot justly take from any man, any part
of his property without his consent, in person or by his representative.”
And yet, in West
Virginia, Ohio County Circuit Judge Arthur Recht ruled that yes, the city can
take private landowners’ properties via eminent domain to use for an athletic
field and park project for the Wheeling Central Catholic High School because –
here it comes – it’s public use.
The case, of course, is
headed to the state Supreme Court for appeal. At issue is the fate of at least
three homeowners who don’t want to sell. But this case represents yet one more
mind-boggling interpretation of the Constitution’s “public use” clause to favor
government over individual – a dangerous trend that will no doubt continue as
our nation continues its 180-degree turn from all-things-Founding Father.
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