Archive for March 16th, 2006

Mar 16 2006

Eminent Domain vs Churches in Long Beach

Published by Karl under SCOTUS, Stupid Laws

(Minor correction, there is only one church in Long Beach, and 7 churches elsewhere undergoing similar treatment.- LSU)

Last year the Supreme Court of the United States (SCOTUS) in the Kelo decision determined that the city of New London Connecticut could seize property under eminent domain to allow construction as a part of an economic development.  The Court found that the increased tax revenue and jobs constituted public good, the standard normally required.  The meaning was very clear, since a luxury condo has a higher per square foot value then an ordinary housing track, then the government can seize the homes and reap the tax windfall.

People were aghast, because the fear was that government now had a blank check to take anything they wanted. 

At the time I was fairly angry, and wondered how far this would go.  I even went as far as to wonder if could someday be used against churches, because they have no real tax advantage to the city, whereas many of them sit upon prime real estate that I am sure many cities are eying most greedily.  My friends dismissed my dears as alarmist, certain that religious freedom would be upheld.

I hate to be right again.

Last year the Supreme Court issued a wildly unpopular decision that enabled governments to seize property for no other reason than economic development. A recent New York Times article, which has been archived, says that almost every state legislature in the country is advancing bills or constitutional amendments to limit the spread of this ruling. Despite the tenuous legal state that the ruling (Kelo v. New London) is in, a Long Beach government is using it to replace a church with an apartment complex. Sigh.

The Long Beach, California Redevelopment Agency voted 6-0 March 13 to condemn the Filipino Baptist Fellowship’s church building, ostensibly because it does not produce enough economic benefit for the city.

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