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« Child's Dream For Sale | Main | Editorial Slams "Incumbent Protection" Bill » June 9, 2006The Kelo EffectThe small town of Millersville, TN, is trying to stop a Christian ministry from locating on the town's main drag, even though it has already leased the building and current zoning ordinances permit it. The reason: The town wants to adopt a new zoning ordinance restricting churches to the back roads. The Tennessean has the story. A BillHobbs.com reader asks, "is this Kelo by another name?" Kelo is a recent U.S. Supreme Court case greatly expanding government's eminent domain powers. In the Kelo case, the city government of New London, CT, was trying to take several homes and give the land to a mall developer, claiming the project met the eminent domain law's "public use" requirement because it would generate higher tax revenue. While the Millersville case doesn't involve government seizing private property to give it to a developer that will redevelop it and pay more in property taxes, it does still recall one of the key concerns about the Kelo ruling - that churches would be most vulnerable in the post-Kelo world because they don't pay property taxes. Anything would generate more property tax revenue than a church. City Manager Robert Mobley said the city will be able to use the new zoning to keep property along Louisville Highway, the town's only major highway, available for development by commercial interests. Unlike churches, those uses pump property tax dollars into Millersville's coffers.The founder of the ministry, Layman Lessons, a nonprofit religious organization that provides food, clothing, shelter and Christian counseling to the needy and homeless, filed suit against the town in federal court Wednesday. Count me among the people who thinks he should win. For all past BillHobbs.com posts mentioning th e Kelo decision, click here. Posted in Kelo
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Another fine example of corporate fascism where the govenment doesn't own the business but decides which businesses will exist and succeed. Notice when politicians, regardless of party, are seeking office they are champions of individual freedom? Yet once elected those freedoms are sacrificed to the government gods in favor of more revenue? More revenue to redistribute or in the worst case, benefit themselves and their cohorts. May Layman Lessons invoke the spirit of the law to lay legal hands on Millersville and heal that city of its lust for money. Posted by: Rick Forman at June 9, 2006 9:59 AMGreg Cain Challenges Republican Opponents to Protect Property Owners Cleveland, TN (6/09/06). Greg Cain, candidate in the Republican Primary for the 24th District of the Tennessee legislature has called upon his primary opponents to take a strong stand for property owners in Tennessee. I share the same concern as former Justice Sandra Day O'Connor in her dissent in the wake of the Supreme Court's Kelo vs. New London decision, the "specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory." Cain stated “the 24th District needs to elect a leader committed to protect the citizens of this district against the potential for abuse at the hands of our own government, who will work to pass an eminent domain bill that strengthens the hand of property owners. There remains the broader issue of why government planners should be empowered to dispossess people in the name of urban renewal. Where the government sees ‘blight,’ its victims see their homes, their hard work, their livelihoods and their dreams.” According to the candidate, Tennesseans should insist that the law require developers to purchase private property on the open market. We must curb eminent domain abuse, while also allowing public-private partnerships to thrive.” Cain acknowledged an acceptable use of eminent domain is if it is necessary for a public use. Which he defined as “the possession, occupation, and enjoyment of the land by the general public, or by public agencies; or the use of land for the creation or functioning of public utilities or common carriers such as a railroad, utility, or tollroad; the acquisition of property to cure a concrete harmful effect of the current use of the land, including the removal of public nuisances, structures that are beyond repair or that are unfit for human habitation or use, and the acquisition of abandoned property.” Cain cautioned that the “public benefits of economic development, including an increase in tax base, tax revenues, employment, general economic health, is not constitute a public use.” “I am firmly opposed to eminent domain being used to take private property without the consent of the owner to be used for private commercial enterprise” added Mr. Cain. He added “except that property may be transferred or leased (1) to private entities that are common carriers such as a railroad, utility, or tollroad; (2) to private entities that occupy an incidental area within a public project, such as a retail establishment on the ground floor of a public building; (3) the use of eminent domain eliminates a threat to public health or safety, such as the removal of public nuisances, removal of structures that are beyond repair or that are unfit for human habitation or use, or acquisition of abandoned property.” However, Cain stated “whenever property is condemned and will be used by a private party, the condemnor must establish by clear and convincing evidence that the condemnation of the property is necessary. We need leadership in Nashville to fight for property owners, not just the developers. I will fight, and I ask my fellow Republicans and Conservative Democrats to join me in this effort.” In reference to your June 2006 comments about Layman Lessons in Millersville, Layman Lessons is back in the property so you should be happy but you do not know any facts in the case. I live next door and was never so glad to see someone move out as when they had to the first time. They parked an "eyesore" of a bus in the lot and had trash and unused donations piled up all around the outside of the building. I invite you to come to my house and see for yourself the hidious bus they insist on parking right on my property line forcing me to use my yard to get in & out of my driveway. I have spoke to Louie Johnston, Founder of Layman Lessons and he apparently don't care about the people of the community he has moved into. They still park the bus where it is inconvenient and once again have begun piling up junk outside. His website states that they have a Re - Entry program to rehab and prepare indigent people to enter communities. If this is the kind of example he is setting in his teachings than God help us and possibly many more communities. MAYBE YOURS. He has 4 acres in Gallatin and could easily park his bus there though all I have asked is for him to park a few spot over so I can use my driveway. He has a hundred foot of space he could use with nothing on it. The City of Millersville Welcomes Churches and we have had several next to us over the years. It is my opinion that Millersville just don't want trash in the community. It is commendable to write about and stand up for worthy causes but it would be wise to learn some fact before you comment. Posted by: Don Blassl at December 19, 2006 7:15 PMClarification: My use of the word trash in the above comment refers to inanimate, useless objects stored in bags, boxes or strewn upon the ground. Posted by: Don Blassl at December 22, 2006 5:09 PMPost a comment
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