[imc-st.louis] FW: [eminentdomainabusestl] Press Release - Supreme Court eminent domain decision

[ben]

------------------------------------------------------------------------
     To: eminentdomainabusestl at yahoogroups.com
     From: ron at mofirst.org
     Date: Tue, 18 Mar 2008 15:10:20 -0500
     Subject: [eminentdomainabusestl] Press Release - Supreme Court
     eminent domain decision

     March 18, 2008

     FOR IMMEDIATE RELEASE

     *MO-CPR Says High Court Decision Shows Need for Constitutional Changes*

     Missouri Citizens for Property Rights' chairman Ron Calzone made the
     following statement regarding the Missouri Supreme Court's decision
     in the case of /Arnold v. Tourkakis/:

     "My heart goes out to Homer and his wife, who are now a step closer
     to having a quarter-century of hard work destroyed by city
     bulldozers. The high court ignored the clear statement in Article I
     Section 28 that 'private property shall not be taken for private use
     with or without compensation' as Missourian's fundamental protection
     against private use eminent domain.”

     “The court instead stretched the application of  Article VI, Section
     21, despite plain language limiting those powers to chartered
     cities. This illogical decision puts hundreds of thousands of
     Missourians' property rights in greater danger."

     “That's not the worst of it, though.  In the majority opinion, the
     court wrote, *'/Unless limited by the constitution, the legislature
     has the right to authorize the exercise of the _unlimited and
     practically absolute_ sovereign power of eminent domain/.'*”

     “Today's decision has effectively expanded the opportunity of every
     little town and burg to use eminent domain for private gain.”

     "Like the US Supreme Court's 2005 Kelo decision, this decision
     proves that we cannot rely on the courts to protect our property
     rights. Only our ballot initiative, which unequivocally outlaws
     eminent domain for private profit, will reverse the Supreme Court's
     wrongheaded decision and give property owners the protections they
     deserve. We are grateful that in the midst of his legal battle with
     the city, Homer has found the time to support our effort to gather
     the signatures to put these amendments on the ballot. Homer's
     determination to fight for not only his own property rights but
     those of his fellow Missourians is a real inspiration."

     Link to court decision:

 
http://www.courts.mo.gov/Courts/PubOpinions.nsf/0f87ea4ac0ad4c0186256405005d3b8e/8bd102d5546a573b8625740f006a459c?OpenDocument
 
<http://www.courts.mo.gov/Courts/PubOpinions.nsf/0f87ea4ac0ad4c0186256405005d3b8e/8bd102d5546a573b8625740f006a459c?OpenDocument>

     --
     *************************************
     Ron Calzone, chairman
     Missouri Citizens for Property Rights
     33867 Highway E
     Dixon, MO 65459
     Phone: (573) 368-1344
     mailto:ron at mo-cpr.org <mailto:ron at mo-cpr.org>
     Web URL http://www.mo-cpr.org <http://www.mo-cpr.org/>
     *************************************

     --

     *************************************
     Ron Calzone
     Director, Missouri First, Inc.
     mailto:ron at mofirst.org <mailto:ron at mofirst.org>
     Web URL http://www.mofirst.org <http://www.mofirst.org/>
     *************************************

-- 
Ben West
westbywest at riseup.net
http://savetheinternet.org