Whom Can Property Owners Trust?
To the Editor:
Regarding Rick Brand’s 8/9/06 Henderson Dispatch editorial:
Rev. Brand, an advocate of countywide zoning, mentioned in his editorial a 1926 Supreme Court zoning case.
Though he was not specific on the matter- as usual- he may well be referring to: Village of Euclid vs. Ambler Reality Co.
To cite, without detail, an 80-year-old court ruling to defend or promote the proposed Vance County zoning ordinance is beyond absurd. However, since he must, let’s take a closer look.
In his dissent to Euclid vs. City of Ambler, Supreme Court Justice Willis Van Devanter said:
“The plain truth is that the true object of the (zoning) ordinance in question is to place all property in a strait-jacket. The purpose to be accomplished is really to regulate the mode of living of persons who may hereafter inhabit (the community).”
Consider that recently, in Kelo vs. City of New London, the Supreme Court decided in a case involving New London, Conn., that cities had the right to take an individual’s property and turn it over to private developers if those private developments could benefit the general public. In New London, homes were to be bulldozed to make way for offices and businesses.
When it comes to private property rights, the good minister must realize that the Supreme Court isn’t perfect. Maybe the reverend should take a trip to New London and ask those “former” homeowners just what they think of the Supreme Court. I bet it could enlighten his education on abusive government regulation of private property.
It’s worth noting that the Dispatch rightfully decried the decision of the court and New London’s plans, as did many states’ legislators in their recent efforts to stop the injustice on a state level.
Euclid vs. City of Ambler was about “zoning” law.
Kelo vs. City of New London was about “eminent domain” law.
Unfortunately, many people in Vance County do not realize the correlation of “eminent domain” to “zoning.” Both began with limitations- but now have evolved into abuse. Whereas they might not be “identical twins”- there’re certainly “siblings.” Governments regularly use one or the other to “get” what they want.
I just don’t think property owners can always trust “those” that sit on the Supreme Court…
… or a “future” Vance County zoning board.