RLCers Take on Kelo

Tuesday, 21 June 2005 17:19 |

Written by Philip Blumel |

          In Kelo v. New London, the U.S. Supreme Court decided that local governments can use their eminent domain power to seize private property for private redevelopment, rather than strictly for public use.

          The decision has opened the floodgates for numerous new government schemes to redevelop their cities using their Kelo powers. In Riviera Beach, the city council is threatening using its eminent domain power to displace about 6,000 local residents to build a billion-dollar waterfront yachting and housing complex (see story here).

          But Kelo has also lit a fire beneath citizens who were shocked by the decision. While the state legislature is considering addressing the issue, many RLCers and others are impatient and taking the fight to the cities where they live.

          In Palm Bay, RLCer Andy Anderson – the deputy mayor of the city – sprang into action soon after the Kelo decision was announced and tried to get a charter amendment on the ballot that would outlaw the use of eminent domain for private development.

          “The other council members wanted to say 'let's wait to see what the state does…’ There are a lot of good intentions up there but there are so many special interests with so much to lose. What will happen is that the legislators will get pummeled and we'll end up getting something really watered down. My argument is ‘let’s not wait for the state, let's do it ourselves and do it right.’”

          While his charter amendment was rejected, the council did pass an ordinance that does the same thing. Since an ordinance is much easier to overturn than an amendment to the county charter, Anderson’s ordinance also included a provision that a supermajority (4/5 vote instead of 3/5) is required to change the ordinance.

          In Titusville in August, RLC state chair Al Gutierrez brought model legislation crafted by the libertarian public interest legal firm Institute for Justice to his mayor and council and requested that it be enacted into law.

          He received a respectful hearing and the issue was referred to the city attorney who reworked the IJ ordinance. The result is a watered-down version that still permits a Kelo-style taking, but requires greater public notice and also requires a supermajority to pass such a measure.

          But Gutierrez is not satisfied.

         "The language is not in the spirit of the model language that I had provided," he said. "The language needs to read as follows: Neither this city nor any of its subdivisions shall use eminent domain to take private property without the consent of the owner to be used for economic development. Nothing less will do."

          The first reading of this proposal will take place on Oct. 11 and RLCers and others are encouraged to attend the meeting and speak in favor of greater protection of property rights. The meeting is at 6:30 p.m. Oct. 11 at the Titusville City Hall, 555 S. Washington Ave. For more information, contact Gutierrez at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

          In the Tampa Bay area, a Kelo reaction is also brewing. On Oct. 6, RLCer Bob White organized a Townhall meetup on the subject of 'Property Rights after Kelo' with Bob McClure, the president and CEO of the James Madison Institute in Tallahassee. McClure briefed the attendees on the decision, current Kelo-style cases in Florida and moves afoot in the state legislature and elsewhere to counter Kelo.

The meeting attracted over 30 people, including the local RLC contingent, some Libertarian Party activists and traditional conservatives that regularly attend White's meetups.

"These groups put aside partisan and philosophical differences they may have and found common ground on this issue," White said. "There was a real eagerness to pursue the issue further, to have another meeting to plan concrete action."

For ideas on how to proceed, the Tampa RLCers might look to Southwest Florida, where RLCer Aaron O'Brien is working with local Libertarian Party members and others on advancing this issue.

          O'Brien has spoken to city councils in Cape Coral, Bonita Springs and Fort Myers urging officials to change local law to prohibit the taking of private property for private development. While he has no takers so far, he has secured two signatures from Bonita Springs council members on an Institute of Justice pledge in which they promise not to support Kelo-style misuse of eminent domain.

          Plus, he's keeping the public pressure on. Following his appearances before the councils, O'Brien has reported on his efforts via talk radio programs.

          Next on agenda in the Fort Myers area, O'Brien set up a speaking engagement for McClure before the Business United Political Action Committee (BUPAC) on Oct. 18 to inform local business leaders about Kelo and build support for adding legal safeguards of property rights.

          To get involved in Southwest Florida, contact Aaron O'Brien at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

On the national level, the RLC has officially endorsed the Castle Coalition as a good vehicle for property rights activism and "urge[d] our members to offer their full assistance to this worth project." RLCers are also encouraged to copy and distribute the national RLC's press release that officially condemns the Kelo decision and highlights RLC property rights activism across the country, including Florida.

Rarely does such a purely libertarian issue generate so much general concern as the Kelo decision has. The time to act is now. To report other local RLC initiatives – or to volunteer to help -- please contact Philip Blumel at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or call (561) 254-8458.