June 30, 2006
 
LETTER TO EDITOR: Why Is Senate Taking So Long Dealing With Eminent Domain Issue?
 
More than 200 years ago, the U.S. Government developed its first weapon of mass destruction. That weapon is Eminent Domain. It was not meant to be a weapon at first but since its creation it has been called the "Despotic Power ", meaning absolute rule. Its purpose was for the U.S. Government and the governments of the states to acquire lands from unwilling sellers and use those lands to build roads and government buildings which would serve a public use. What was a " public use " then, is so broadly used now.
 
Decades ago something went terribly wrong with the use of this weapon. Instead of being used for the public uses it was meant for, it has had its barrels pointed into the faces of our nations private property owners, an act of terrorism. That's right, terrorism ! City and county officials everywhere in our states like to call eminent domain a " Tool ". The tool to bring private property owners to the negotiating table, the same way a bank robber uses a gun to bring a teller to the negotiating table.
 
Another name some people may want to call eminent domain is Political Disease, and while this political disease has gotten into the blood of so many of our local, state and federal politicians, another disease has gotten into the blood of our nations private property owners. We will call that disease, Irritable Blight Syndrome.
 
You can say that the terms and definitions of blight and slum in our states have become the detonators of this weapon of mass destruction, eminent domain. As soon as our private properties are declared blighted and or slum, we are a target by our local officials for removal so another private use will be made of our lands.
 
The U.S. Supreme Court on June 23, 2005 [in Kelo v. City of New London] lit the fuse on this weapon of mass destruction when they failed to provide the citizens of this country with a remedy. When they had the perfect opportunity to bring peace and good will to all private property owners, they chose to throw in the towel and let each individual state deal with their own eminent domain laws. Big Mistake! City officials all over the country were waiting, ready to pounce on their prey.
 
Our U.S. Supreme Court Justices are ministerial officers of the people, the same as our House and Senate members at the state and federal levels. It is true you are each a high officer, but you are not above the law. As a ministerial officer, you are compellable to do your duty, and if you refuse, you are liable. The citizens of this country have their fears excited by every stretch of power. Again, its an act of terrorism!
 
When the people make a proper case, you are bound to grant it. You can refuse justice to no man. It is a settled and invariable principle, that every right, when withheld, must have a remedy, and every injury, its proper redress. There are some injuries which can only be redressed by a writ of mandamus and others by a writ of prohibition.
 
Injuries to the rights of property can scarcely be committed by the government without the intervention of its officers; for whom the law, in matters of right, entertains no respect or delicacy; but furnishes various methods of detecting the errors and misconduct of those agents.
 
The very essence of civil liberty certainly consists in the right of every individual to claim protection of the laws, when he receives an injury. One of the first duties of government is to afford that protection.
 
One remedy to the injuries inflicted by eminent domain is H.R.4128. It has been unanimously voted upon by members of our U.S. House of Representatives and passed by a vote of 376 over 38. This bill was passed on November 3, 2005 and was sent to the U.S. Senate for vote. It has remained in the U.S. Senate Judiciary Committee untouched ever since.
 
It is a general and indisputable rule, that where there is a legal right, there is also a legal remedy by suit, or action at law, whenever that right is invaded.
 
The government of the United States has been emphatically termed a government of laws, and not of men. It has certainly ceased to deserve this high appellation, when the laws so far, furnish no remedy for the violation of a vested right.
 
Our U.S. House of Representatives have provided us a proper remedy but when will our U.S. Senate ministerial officers do the same. You are conceived to be duly elected keepers of the law and maintain the rights of the people, not the states, counties and cities. While you sit and ignore the rights of the people and fail to provide a proper remedy, you are a contributor to acts of terrorism. Each day that passes, private property owners are being terrorized and their lands are being seized. Do you care ?
 
Our inherent rights are being violated by the compact of legislative laws, and when your property is taken, there is no happiness and safety. We are deprived and divested of our rights to acquire and possess property. Its only ours, until someone else decides they want it. There will be no enjoyment of life and liberty without private property. Its the only place I feel safe. Do you care ?
 
We the people support H.R.4128 that will restrict economical development funds to state and local governments that use eminent domain for private commercial development but it brings me to inquire whether there be in its composition any ingredient which shall exempt it from legal investigations, or exclude the injured parties from legal redress. In pursuing this inquiry, the first question which represents itself is, whether this bill can be arranged with that class of cases which come under the description of damnum absque injuria; a loss without an injury.
 
That there may be such cases is not to be questioned; but that every act of duty, to be performed in any of the great departments of government, constitutes such a case, is not to be admitted. That means, you cannot allow amendments in this bill which will weaken it and destroy the proper remedy. Loopholes will not protect the citizens ! You must give us a proper remedy and you must do it now.
 
I make great acknowledgement to some of the statements I used in this letter to our country’s most honorable and historic U.S. Supreme Court Chief Justice, John Marshall.
 
I chose to use some of his own words, as they are true, as are mine.
 
William Bennett Jr.
Hurricane, WV
Bluegill859@aol.com
 

 
Member of Castle Coalition
 
Formed in Opposition to the Kelo v City of New London Supreme Court decision