Negotiating at gunpoint

[KBCraig]

http://www.townhall.com/opinion/columns/jacobsullum/2006/02/15/186545.html


Negotiating at gunpoint

Feb 15, 2006
by Jacob Sullum

Indianapolis Mayor Bart Peterson wants to dispel "inaccuracies and stereotypes" about the use of eminent domain for economic development, a practice the U.S. Supreme Court upheld in last year's notorious Kelo v. New London decision. Last fall Peterson told a Senate subcommittee that when the government threatens to condemn people's property because it thinks someone else can make better use of it, "a majority of the time, most people agree to sell."

Interesting. Given the choice between selling and fighting an expensive legal battle they will almost certainly lose, after which they will have to give up their land anyway, probably on less advantageous terms, most people "agree" to sell.

"Cities use eminent domain most often as a negotiating tool with property owners," explained Peterson, who was speaking for the National League of Cities. "Just having the tool available makes it possible to negotiate with landowners." Sure it does -- in the same way just having a gun available makes it possible for a bank robber to negotiate with a teller.

As the Feb. 22 anniversary of the oral arguments in Kelo v. New London approaches, state legislatures across the country are considering bills to rein in the use of Peterson's "negotiating tool." They should not fall for the false assurances of local politicians, city planners, and developers -- a powerful triumvirate determined to block meaningful eminent domain reform.

The opponents of reform say Kelo v. New London did not really change the law, since the practice of forcibly transferring property from one private owner to another had been upheld by state and federal courts. But until Kelo v. New London, the U.S. Supreme Court had never said the Fifth Amendment, which restricts eminent domain to "public uses," allows local governments to take perfectly good homes and businesses (as opposed to "blighted" property) on behalf of private developers.

By agreeing that any private use expected to increase tax revenue and create jobs counts as a public use, the Court gave a green light to politicians who might otherwise have hesitated because of the lingering legal uncertainty. As Justice Sandra Day O'Connor put it in her dissent, "nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping center, or any farm with a factory."

Peterson claims "eminent domain is used sparingly." Yet the Institute for Justice, which represented the property owners in Kelo v. New London, found 10,000 cases in which condemnation was used or threatened for the benefit of private developers during a five-year period. The true number is probably much higher, since the study relied on newspaper articles and recorded cases, which reflect only a fraction of such land grabs.

But don't worry, Peterson says: Cities can take your property only if they have a plan and follow certain procedures. When politicians draw up plans to justify decisions they've already made and follow procedures they themselves specify, these requirements provide little protection for property owners.

Speaking of phony safeguards, Peterson is willing to go along with "legislation that prohibits the use of eminent domain solely to provide for private gain" (emphasis added). Such condemnations are illegal even under Kelo v. New London and in any case do not officially exist, since any private use can be said to provide ancillary public benefits.

In practice, that is all it takes to seize people's homes and businesses: the unilateral judgment of politicians that society would be better served if the property were in different hands. Peterson asserts "a natural tension ... between individual rights and community needs" that wise men like him must resolve to "achieve a greater public good that benefits the entire community."

Peterson is not talking about public nuisances or about traditional public uses such as roads or courthouses; he is talking about systematically overriding people's plans for their own property. State legislators should reject this collectivist vision, which elevates amorphous "community needs" above individual rights.

[Russell Kanning]

I had negotiations with a man in Manchester recently that involved a gun ...... it didn't work out well for me either. I don't like doing business that way.

[Otosan]

1st rule of gunfighting?

Have a gun.


I thought the 1st rule of a gunfight is have a bigger gun.....or is that the second? ???

[KBCraig]

The rules of gunfighting have evolved over the years. I like this list:

1. Be somewhere else.
2. If you can't be somewhere else, have a gun.
   2a. Be able to draw it.
   2b. Be reasonably proficient with it.
3. Convince the other guy(s) that you'd all be better off somewhere else.
4. This ain't Hollywood.

[Russell Kanning]

I thought it was 'turn the other cheek'.

[KBCraig]

I thought it was 'turn the other cheek'.

That's a slapfight, not a gunfight. Works fine for smitin', not so good for shootin'.

(edit to add:)
Jesus's commandment to turn the other cheek was not a prohibition on self defense. A slap was gravest insult that could be given to a man, and would normally produce all sorts of retaliation. The command to turn the other cheek was a command to not return an insult, but to show everyone that it had no effect on you.

Kevin

[Ron Helwig]

I thought it was 'turn the other cheek'.

I thought it was "turn and show the other cheeks" 

[Russell Kanning]

How about love your enemies?

[Caleb]

I'm reminded of why I left Indy.   

Here's to you, Mayor Bart! 

[KBCraig]

How about love your enemies?

Absolutely. Loving them as you love yourself means not initiating harm against them. It doesn't mean you can't protect yourself. When Jesus gave the "eye for an eye" speech, he was reminding people of two things. One, it was a limitation, so that you couldn't take a life in exchange for a tooth. And two, just because the law allows you to take a tooth in exchange for a tooth, it's not always the best way to settle things.

Redress is better achieved through contrition and forgiveness than by taking things to a judge. But to get to that point, you have to survive. You can't accept repentence, nor forgive someone, if you're dead.

Kevin

[Caleb]

Jesus's commandment to turn the other cheek was not a prohibition on self defense

Hate to get involved in this discussion (because its pointless and no ones mind will be changed one way or the other), but I can't hold back:

Kevin, if his command to turn the other cheek wasn't a prohibition against self-defense, what of his command to "Return your sword to its place:  Those who take the sword will perish by the sword"

I've heard the lame ass rebuttal ("But Jesus was referring to his specific situation because he knew that he had to die ... ")  except that doesn't work because Jesus' statement includes a SPECIFIC command to Peter, "Return your sword to its place" followed by a GENERAL truth:  Those who take the sword will perish by the sword. 

I think it is dishonest for any Christian to claim that Jesus would support violence.

[KBCraig]

Jesus's commandment to turn the other cheek was not a prohibition on self defense

Hate to get involved in this discussion (because its pointless and no ones mind will be changed one way or the other), but I can't hold back:

I think it's a discussion worth having, but I'll start it in a new thread when I get some time. "Dueling verses" is never productive. Bible study must always rely on context, and that takes some time to present. Right now I'm busy as can be, but I'd like to revisit this when we get a chance.

Kevin

[Pat McCotter]

I have to do one more. Please!

"When a strong man, fully armed, guards his own palace, his goods are in peace." (Luke 11:21)

[Lloyd Danforth]

Hate to get involved in this discussion (because its pointless and no ones mind will be changed one way or the other), but I can't hold back:

And, this discussion is different than all the others.....how?

[Kat Kanning]

A few of them actually talk about doing something.