By Bill Fancher
August 30, 2005
(AgapePress) - A legal organization says the Supreme Court's decision not to rehear its controversial eminent domain ruling could spell considerable trouble for churches.
In late June, the high court ruled in Kelo v. City of New London that cities could take private property for development if it meant benefits for the community as a whole. Last week the Supreme Court denied a petition filed on behalf of residents of New London to reconsider its original 5-4 ruling.
Steven Anderson of the Institute for Justice contends that the refusal to rehear the case carries an ominous message. "It makes crystal clear that the federal government is going to provide no protection for the property rights of home and small business owners around the country," he says.
And according to Anderson, that message also includes churches and other organizations such as VFW facilities, American Legions, Moose Lodges -- all of which he says are "particularly at risk because they don't provide any tax revenue for the government."
Anderson explains his reasoning: "According to the Supreme Court, the mere possibility that property can make more money as something else" -- which he notes is invariably the case for churches -- "is the only justification the government needs to take it away and give it to a private developer."
Critics of the high court's decision point out it would not be difficult to make the case that taxes from prime real estate owned by churches could produce much more revenue for services from which the entire community might benefit.
According to Anderson, it will be up to the state legislatures to defend private property because the Supreme Court has made it clear the government will not. In the meantime, the Institute's Castle Coalition has launched a "Hands Off My Home" campaign to provide an avenue through which individual homeowners as well as small-business owners who feel threatened by government-forced takings can funnel their opposition efforts in the direction of state lawmakers.
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