June 27, 2005

Kurita Responds on Kelo Questions

Tennessee state Rep. Rosalind Kurita, now a candidate for the U.S. Senate from Tennessee, has answered the six questions I posed Thursday regarding the Supreme Court's decision in Kelo v. New London. I posed the six questions on this blog and also in an email to all six candidates running for the U.S. Senate from Tennessee, promising to post their responses verbatim. Kurita chose to respond to all six questions in the form of a press release. Here is her response...

One day after the U.S. Supreme Court ruled against private property owners in a case that has far-reaching implications for the future of property rights, Democratic U.S. Senate candidate Rosalind Kurita said the court was wrong in its decision and that she would fight for federal action to preserve the rights of private property owners.

"The Supreme Court got it wrong," Kurita said. "The unusual interpretation of the 5th Amendment by a majority on the court means private property rights are subject to the will of the powerful with no checks and balances. America was built on the principle of private property, and this decision flies in the face of what our Founding Fathers intended."

Kurita is referring to the Supreme Court's decision yesterday in the case Kelo v. City of New London. In that decision, the court ruled that government has the right to seize private property for other private development or to gain tax revenue even if the property is not blighted. The previous standard required that the development served some legitimate "public use" and in many cases, the homes or neighborhoods were blighted before they were condemned by governments for development of projects like parks and other improvements. Under this ruling, government leaders can transfer any privately-owned land in their jurisdiction to a private developer with little justification of the public benefit.

"This is a troubling precedent for all Americans. As a U.S. Senator, I'll stand and fight for the rights of property owners," Kurita said. "When the Supreme Court is wrong, they need to hear about it from our nation's leaders. Make no mistake; I'll be actively seeking solutions to correct this unfortunate decision by the nation's highest court."

Kurita said a founding principle of the United States was to protect citizens against the unchecked power of government. This ruling flies in the face of American principles. This ruling seems to say that "if you work hard and play by the rules, the government could seize your home." She noted that the ruling allows for government seizure of property not in extreme case of national security or to build a highway, but in cases where local government prefers to build businesses or other private developments in the place of neighborhoods.

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