and the
Citizens Economic Research Foundation

Wednesday, May 13, 2009

H.1700 - Eminent Domain Constitutional Amendment

To:  Members of the Constitutional Convention
         May 13, 2009
Re:  H.1700 - Rep. Ross's Eminent Domain Constitutional Amendment

Citizens for Limited Taxation has filed this constitutional amendment to begin the Constitutional Convention process of protecting private property rights in Massachusetts from the Kelo Decision. If an issue arises here, in which some state government body wants to take someone’s home or business for “economic development,” as has happened in other states, H.1700 will hopefully be headed for the ballot, where we are certain it will win with votes from all parts of the political spectrum.

After the Kelo Decision by the U.S. Supreme Court, many states have moved quickly to further protect private property rights within their borders through their state constitutions and other legislation. We hope Massachusetts will finally join those enlightened states in protecting what the U.S. Constitution once protected under the Fifth Amendment in the Bill of Rights.

CLT dedicates this proposed state constitutional amendment to retiring U.S. Supreme Court Justice David Souter, who voted with the majority in the 5-4 decision to take people’s homes by eminent domain if a community can make more money on a commercial development.  How nice for him that he gets to retire to his own New Hampshire family homestead that no government body has stolen.

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