Last week I learned that Steven Palazzo is running for Congress here in Mississippi’s 4th District. I was disappointed to learn of Palazzo’s vote against eminent domain reform in 2009. The people of Mississippi deserve to know where Steven Palazzo stands on the issue of property rights and eminent domain. Property owners who have been forced off their land by the powerful combined coercion of corporate and political alliances have a right to be heard. They have a right to have their side of the story told too; for tomorrow it could be your land the State of Mississippi targets for private development.
In last week’s email to his supporters Palazzo made the following statement: “I pledge to you that I will work day and night as your Congressman to ensure that the Bill of Rights and the principles espoused by our Founding Fathers are restored.” I am very curious how Palazzo plans to reconcile that statement with his desire to ensure that big developers and corporations have more rights to your property than you do.
Let this article stand as adequate proof that Palazzo, as a Mississippi State legislator, believes the state government has the right to use eminent domain to move property owners off their land, against their will, in order to give the land to private developers. Keep this in mind as we take note of who moves to endorse Palazzo and from where his financial contributions come.
Many in Mississippi were not aware that such abuses have occurred in this state – but they have and these abuses will continue. Palazzo has done his part to ensure that the State of Mississippi maintains the right to confiscate land (via eminent domain) for MMEIA projects such as the Nissan and Toyota plants.
Below is Palazzo’s vote at the Mississippi State Legislature website on eminent domain reform in 2009. Palazzo sided with Haley Barbour (former RNC Chairman) in stating that the right of the State of Mississippi to seize privately owned land, via eminent domain, for use in private development projects such as the Nissan plant in Canton and the Toyota plant in Blue Springs near Tupelo shall not be infringed. This means that when it comes to the rights of large corporations and the rights of your State Government, the Corporation and the State have all the rights to your private property and you have none. You have the right to get off your land if it gets in the cross-hairs of a private development project in which the State is interested.
In 2009 Palazzo voted against Eminent Domain Reform.
Here’s the text of bill
http://billstatus.ls.state.ms.us/documents/2009/pdf/HB/0800-0899/HB0803IN.pdf
Here’s the history of the bill as it passed through the legislature
http://billstatus.ls.state.ms.us/2009/pdf/history/HB/HB0803.xml
On February 2, 2009 Palazzo voted against the Eminent Domain Reform bill. The vote was 3 NO votes to 119 Yes votes.
Palazzo was 1 of 3 legislators to vote against the bill. 119 other legislators voted in favor of protecting your property rights. What a bi-partisan effort!
http://billstatus.ls.state.ms.us/2009/pdf/votes/house/0300050.pdf
On March 11, 2009 Palazzo again votes against the bill.
Palazzo once again was 1 of 3 legislators in the House to vote against the bill, with 119 voting in favor of the legislation protecting your property rights. The other two reps who voted ‘NO’ with Palazzo were not the same two that voted ‘NO’ the first time on February 2nd. This means Palazzo was the ONLY LEGISLATOR in the house to vote ‘NO’ for Eminent Domain Reform BOTH TIMES it came up for a vote prior to Haley Barbour’s veto of the bill.
Palazzo was in the 2% minority which stood up for the rights of the State Government to force you off your land, via eminent domain, for private development. Does that sound like something a conservative statesman with respect for the U.S. Constitution, private property, and our Founding Fathers would do? Does this sound like something a man would do if he was attempting to “ensure that the Bill of Rights and the principles espoused by our Founding Fathers are restored?”
http://billstatus.ls.state.ms.us/2009/pdf/votes/house/0650015.pdf
Will Palazzo now become the Golden Boy for the RNC in District 4? In voting against Eminent Domain Reform, was Palazzo demonstrating his firm belief that ‘job creation’ trumps property rights – and if so, what does that mean for property owners in Mississippi? Or was he showing his unwavering devotion to the former RNC Chairman Haley Barbour in order to climb the political ladder?
I wonder how the Founding Fathers would feel about rich people depriving smaller folks of their private land via eminent domain abuse? Does anyone actually believe that the Founders ever intended to let corporations (those with money and influence) work with government to force private land owners off their land via eminent domain for private development? If so, that would mean the Founders believed that the government had the right to seize land for any project – public or private. Apparently that is Palazzo’s interpretation of our constitutional rights when it comes to land seizure via eminent domain.
In 2009 Palazzo voted against eminent domain reform which would have prevented the State of Mississippi from seizing privately owned land for private companies. During this same year Palazzo helped author the State Sovereignty Bill which would help protect our rights under the 10th Amendment. The same state legislator who pens such a bill on states rights is the same man who wants the State to have the power to push land owners off their land for private development? Does this make sense to anyone? Did Palazzo write the State Sovereignty Bill solely for the purpose of getting his name known to tea party activists?
Gene Taylor recently voted in favor of federal hate crimes legislation because the bill included ship building contracts for our shipyards (job creation). Steven Palazzo voted against eminent domain reform because it might get in the way of private development projects like the Toyota plant (job creation). Is this the type of change conservatives in District 4 are seeking? Are these the types of legislators we want… those who slowly erode our rights in the name of job creation?
Pallazo is going to be PUTTING MISSISSIPPI FIRST so long as you aren’t a land owner standing in the way of a private development project with the MMEIA.
Such a land owner was Lonzo Archie of Canton, who fought the State of Mississippi and won… he’s one of the few. Had it not been for all the negative publicity surrounding the case, Lonzo would have lost his land too and it would have been given to a private company by the State of Mississippi. Below is part of the article describing Lonzo’s fight against eminent domain abuse in the state of Mississippi in 2001.
http://www.ij.org/index.php?option=com_content&task=view&id=1028&Itemid=165
Lonzo Archie, a Mississippi property owner of modest means, eloquently sums up the feelings of many Americans: “You can buy a house, but you cannot buy a home.” The Archie family has made its home on 24 acres of land in Madison County, Mississippi, for decades. But if the State of Mississippi had its way, the Archies would have been forced to move elsewhere to accommodate the demands of a private company.
In November 2000, the Mississippi legislature struck a deal with Nissan Motor Company to build a new auto plant in Canton, Mississippi. The State also granted the company more than $290 million in subsidies and tax breaks and approximately 1,300 acres of land. But apparently that wasn’t enough for Nissan. In February 2001, the State exercised its awesome power of eminent domain—quietly granted by the Nissan legislation—to forcibly take the property of the Archies and transfer it to Nissan.
The State’s use of eminent domain is part of an unfortunate trend where land is taken not for a public use—such as a bridge, post office, or public school–but at the behest of a private company for its private use. The Institute for Justice, along with the Southern Christian Leadership Conference, helped Madison County property owners buck this trend.
***It should be noted that State Senator Chris McDaniel voted in favor of Eminent Domain Reform in 2009 and did one hell of a job speaking out for private property owners from the floor. I would like to say thanks to Chris for having done so!
FACT: The U.S. Supreme court changed the traditional definition of ‘eminent domain’ from for ‘public use’ to ‘public purpose’ in Berman v. Parker (1954). This eroded our private property rights and allowed a municipal authority to seize private property for “blighting factors or causes of blight”. In other words they could tear down old nasty buildings and replace them with something new that better benefited the public.
http://en.wikipedia.org/wiki/Berman_v._Parker
FACT: In 2005 the U.S. Supreme Court further eroded property rights in Kelo v. City of New London. The city of New London (Connecticut) wanted to seize private land for the pharmaceutical giant Pfizer. Note** Pfizer pleaded guilty in 2009 to the largest health care fraud in U.S. history and received the largest criminal penalty ever levied for illegal marketing of four of its drugs. Called a repeat offender, this was Pfizer’s fourth such settlement with the U.S. Department of Justice in the previous ten years.
http://en.wikipedia.org/wiki/Kelo_v._City_of_New_London
FACT: Despite winning the Kelo case Pfizer left the city of New London in 2009 anyway once their tax breaks expired!
Supreme Court Justice O’Connor wrote the following in Kelo VS City of New London.
Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms. As for the victims, the government now has license to transfer property from those with fewer resources to those with more. The Founders cannot have intended this perverse result. “[T]hat alone is a just government,” wrote James Madison, “which impartially secures to every man, whatever is his own.”
FACT: In 2000, the Mississippi legislature passed the “Nissan Act,” which authorized the state to pour money and incentives into a proposed future Nissan manufacturing plant. The Nissan Act also gave the Mississippi Major Economic Impact Authority (MMEIA) the power to condemn property (seize via eminent domain) for the new facility.
FACT: After pressuring most of the owners in the area to sell, the MMEIA condemned three homes in 2001 in order to transfer the land to Nissan. One of the homes belonged to Andrew Archie, who was in was late 60s, diabetic, and in poor health. He had lived on the land since he was eight years old. He lived there surrounded by his wife, children and other family members. His children, including Lonzo Archie, who owns one of the other homes being condemned, have never lived anywhere else. The condemnation would have required a total of 15 Archie family members to move. The MMEIA also sought to condemn the home of Percy and Minnie Bouldin, who had lived in their home for more than 40 years and raised their 13 children there. Percy did much of the construction of their house with his own hands. The case drew national attention, including the support of Martin Luther King III and the Southern Christian Leadership Conference. The Archie family fought this abuse and won. They’ve since remained on their land.
FACT: Steven Palazzo, as a MS legislator, voted against Eminent Domain Reform in 2009 that would have prevented the State of Mississippi from seizing land, via eminent domain, for private development in the name of ‘job creation’. Hence, it would appear Palazzo thinks it’s acceptable, as a conservative politician, to seize private property (land and homes) via eminent domain for private development projects such as the Nissan Plant in Canton and the Toyota Plant in Blue Springs.
FACT: The plant in Blue Springs (near Tupelo) was halted (despite being 90% finished) in its construction and with Toyota’s recent recalls; the plant may never be completed (so much for job creation).
FACT: The MS Eminent Domain Reform Bill (H.B. 803) passed the MS House and Senate with an overwhelming majority in 2009.
FACT: Haley Barbour vetoed H.B. 803
FACT: The MS House overrided the Governor’s veto. Despite the MS Senate unanimously voting in favor of Eminent Domain Reform just weeks earlier… they killed the bill after heavy lobbying by Governor Haley Barbour.
Sources:
http://www.ij.org/index.php?option=com_content&task=view&id=1028&Itemid=165
http://gwcommonwealth.com/articles/2010/02/03/opinion/editorials/02032010edit01.txt
http://tpmcafe.talkingpointsmemo.com/talk/blogs/donal_fagan/2009/11/pfizer-leaves-new-london-in-th.php
http://en.wikipedia.org/wiki/Kelo_v._City_of_New_London
http://en.wikipedia.org/wiki/Berman_v._Parker
http://www.castlecoalition.org/index.php?option=com_content&task=view&id=441
http://www.governorbarbour.com/news/2009/mar/Eminentdomainveto.htm
http://reason.com/archives/2009/05/11/sold-down-the-river
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