The Doggy Diaries... gone to the dogs!

Thank Goodness for McClintock

The embers are still smoldering after yesterday's landmark decision by the Supreme Court to limit the public's protection against private property seizure as guaranteed under Article V of the Bill of Rights.

Article [V.] No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

In a 5-4 decision, the highest court in the land ruled that local governments may seize personal property from one individual and give it to another individual for development if the local government feels the second individual will develop the property in such a way as to increase revenue (that means generate more tax revenue for the government).

Rather than rehash what's been covered in a variety of other blogs and on your local newscasts, I'd like to focus on reaction by one of our esteemed California Senators -- Sen. Tom McClintock.

In response to yesterday's decision, Sen. McClintock announced that he is stepping up the plate and taking action to restore our private property rights as guaranteed under the Constitution

Today the U.S. Supreme Court broke the social compact by striking down one of Americans’ most fundamental rights. Their decision nullifies the Constitution’s Public Use clause and opens an era when the rich and powerful may use government to seize the property of ordinary citizens for private gain.

The responsibility now falls on the various states to reassert and restore the property rights of their citizens. I am today announcing my intention to introduce an amendment to the California Constitution to restore the original meaning of the property protections in the Bill of Rights. This amendment will require that the government must either own the property it seizes through eminent domain or guarantee the public the legal right to use the property. In addition, it will require that such property must be restored to the original owner or his rightful successor, if the government ceased to use it for the purpose of the eminent domain action.

I have been a McClintock fan since 2003 when he made a run for Governor in the election to oust then-Governor Gray Davis. I have been following his career since then, and I can say without doubt that McClintock is a man of his word. So when he says he will introduce an amendment to preserve private property rights to California's residents, I have full faith and confidence that he will do it.

Unfortunately, just because McClintock introduces such a bill does not mean it will pass and become law. As anyone in California knows, many of our local governments would love to kill Prop. 13, the 1978 proposition that caps property tax rates to 1% of the property's assessed value. If a local government can now seize your private home and turn it over the land to a developer who plans on building a shopping mall or some other such commercial development (after having the property re-zoned, if necessary), the government may stand to collect much more tax revenue than they would have received from the Proposition 13-guaranteed capped property tax rates on the personal residence.

No doubt our very Liberal legislators in Sacramento are salivating over the prospect of increased tax revenue. It is my firm belief that the California Legislature is going to fight McClintock's bill tooth and nail. With the Supreme Court's disastrous decision, our state's government now has a toe in the door to increase their tax revenues.

The coming "battle" over McClintock's bill shall prove to be an interesting fight. I only hope, for the sake of California's property owners, that the Legislature remembers the true meaning of the Constitution and will not usurp even more of our personal rights ...