Fundraising Message from Susette Kelo (Yes, That Kelo)

My name is Susette Kelo. On Monday, June 23, 2008, I need your help in making a little bit of history.

June 23 is the third anniversary of the infamous Kelo eminent domain case, the U.S. Supreme Court decision that allowed perfectly well-maintained private homes like mine to be taken by the government and handed over for someone else’s private use. Under that ruling, any home could be taken and destroyed to make way for high-end condos. Any small business could be bulldozed to make way for a big box store. And, tragically, that is what is happening in too many parts of our country.

I’d like your help to put an end to that abuse of eminent domain once and for all.

Please go to www.ij.org/keloday today and pledge to give some small contribution to the Institute for Justice (IJ) on June 23. (Pledge today and we will email you on June 23 reminding you to donate on that day.)

IJ helped defend my home and my neighbors’ homes when they were threatened by eminent domain for private gain.

IJ continues to defend other homeowners and small property owners in similar fights.

One hundred percent of the money raised on this site (www.ij.org/keloday) on that day will be used to fight eminent domain abuse--the use of eminent domain for private development projects. We recognize that under the Constitution eminent domain can be used for genuine “public use” projects, such as for a courthouse or to build a highway, but when government power is used to take land from one private property owner only to hand that land over to another private person for their private profit, that is an abuse of government’s power.

Our goal is to earn 10,000 donations for IJ on that one day, Monday, June 23.

Leading up to the Kelo argument, the Institute for Justice documented that 10,000 American property owners had their property threatened or actually taken by eminent domain for private use in just a 5-year period. That 10,000 figure inspired IJ and me to seek 10,000 donations from across the country to send a message to those in power that we care about our homes and that the abuse of eminent domain must be stopped.

We are not seeking large contributions on this day: just $25, $50 or $100. Even a $5 contribution will make a difference and add greatly to the ambitious numbers we’re trying to achieve on that day.

And, if you feel strongly enough about this effort and would be willing to forward this to friends who will join us in the fight to end eminent domain abuse, that too would be greatly appreciated.

Together, we can convince policymakers that eminent domain abuse is un-American and must be stopped.

Thank you for your consideration,

Susette Kelo

Eminent Domain: New York Plaintiffs to Appeal to Supreme Court

The Second Circuit Court of New York has ruled in favor of private use eminent domain. Christina Walsh of the Castle Coalition has forwarded a link to the following press release:

For Immediate Release: February 1, 2008

Circuit Court Rules Against Homeowners, Business Owners and Tenants in Atlantic Yards Eminent Domain Appeal

Plaintiffs Intend to Ask US Supreme Court to Hear Their Case

Plaintiffs Will Seek All Legal Remedies to Protect Their Homes and Businesses From Seizure by New York State

New York, NY— The Second Circuit Court today ruled against 14 homeowners, business owners and tenants in their appeal of their lawsuit alleging that New York State's use of eminent domain to take their properties for Forest City Ratner's Atlantic Yards project violates the United States Constitution.

Plaintiffs' attorney Matthew Brinckerhoff said, "Today's decision is disappointing. We disagree with its conclusion. We intend to ask the US Supreme Court to hear our case, and will continue to pursue every avenue available to prevent the unlawful seizure of my clients' homes for Bruce Ratner's enrichment. The court today affirmed that the government is free to take private homes and businesses and give them to influential citizens as long as one can imagine a conceivable benefit to the public, no matter how small or unlikely it may be. Indeed, it does not matter if all evidence points to a secret back room deal. All corrupt politicians need do to insulate themselves from judicial scrutiny is claim a benefit to the public. This is wrong. It should trouble all citizens who, unlike Bruce Ratner, lack the power and money to coopt the governments' power of eminent domain for their private use. We believe that the United States Supreme Court will welcome the opportunity to clarify this area in light of its widely criticized Kelo decision."

Develop Don't Destroy Brooklyn legal director Candace Carponter said, "Our support of the fight of citizens to live safely in their homes, and operate safely in their business, will continue. We maintain that the government's motivation in using eminent domain for Atlantic Yards is not to benefit the public, but rather, to benefit a single, very rich and powerful developer. The seizure of our neighbors' homes and businesses is at the very foundation of the Atlantic Yards project. It is a foundation that must not stand. Now is the time for our elected leaders, who have frequently expressed grave concern about the abuse of eminent domain, to publicly stand in defense of everyday Brooklynites and New Yorkers."

The 2nd Circuit Court's opinion on the case, Goldstein v. Pataki, can be found here