Steven Palazzo and Eminent Domain Abuse in Mississippi

Steven-Palazzo-Eminent-DomainLast 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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Categories: 2010 Elections
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19 Responses to “ Steven Palazzo and Eminent Domain Abuse in Mississippi ”

  1. Americans need to elect those who will protect our constitution. Land steeling is a demonstration of what we do NOT want in Congress. No Question here, I will support Joe Tegerdine in his battle for America Values.

  2. Good article. There is only one person that I know of that can beat Taylor head to head and you mentioned him. I like Joe and Steve, but Sen. Mcdaniel is the only one that can actually beat Taylor.

  3. Apparently, this web site isn’t so much against Gene Taylor, but for Joe Tegerdine. Because now it is going after another Republican. That’s fine; that’s what primaries are for. But if that’s the case, perhaps the web site should be HireJoeTegerdine rather than FireGeneTaylor.

  4. I just left a townhall meeting with Joe Tegerdine. He spoke to a standing room only crowd and actually answered questions. I am proud that the 4th district will finally have a public servant in DC, instead of another bureaucrat.

  5. Doloroso….perhaps it seems the way you say because Joe Tegerdine followers have been “plugged in” to this website since its inception, and the whole time there has only been ONE candidate against Gene, and that person being Joe Tegerdine.

    Now, had Palazzo “thrown his hat in” 8 or 9 months ago, or even close to when this website started (which I don’t know when that was), then his name would probably be seen on this website more, because he would have a bigger following of people who would be posting things on his behalf.

    Makes sense to me !!!!!!

    By the way, until tonight, I was undecided…but I just got back from a great townhall meeting in D’Iberville…….Tegerdine “has the full package” in what I am looking for in a Congressman—-zeal, charisma, intellect, professional demeanor, desire, fervor, constitutional values (which are, by the way, conservative values), Christian, fighting spirit, leadership, clearly defined goals, grassroots background, personal appeal….should I go on.

    I have given it a fair shot, I think….I have examined Palazzo’s voting record very closely, have spoken to people on the coast who know him personally, and have read and read things about him and heard comments he has made on the radio….he seems to be a very fine young man, veteran, community leader, etc.—very fine….BUT, we need more than that in the halls of Congress…..he just doesn’t have what I consider the WHOLE PACKAGE I want in my Congressman.

  6. Joe Tegerdine is not endorsed by this site, Lavelle just posts the comments about both candidates UNLIKE THE HILL AND YALL POLITICS DO. This is a fair site about firing Gene Taylor.

    I just left the townhall last night and it was great, Joe spoke positively of his campaign and showed his vision which is real conservatism to a standing room only crowd in or near Palazzo’s district. This says a lot about who really supports Joe Tegerdine and who does not.

    http://www.joetegerdine.com

  7. My family lives in this guys district, they’ve never heard of him. Maybe he should have stayed quiet. My family in Harrison county plan on voting against him now. A loss to Joe Tegerdine in the primary could really hurt this young politicians career.

  8. This is a site for Joe T, any challengers to Joe T in the primary will surely be bashed by Joe T(I lived in Ms for 2 years) supporters. I’ll take any Republican or independent over the box salesman, maybe this site should man up to that thought also.

  9. I don’t consider living outside of Mississippi before settling in Mississippi an unsatisfactory characteristic. It fails to make one less patriotic. My issue is does the candidate know the issues?

    Longevity in a state does not mean greater understanding on the issues that affect the people. Taylor is 100% ignorant on anything outside of boats.
    When a lady asked about current EPA decision concerning every breathing American he answered by talking about boats and sounded like an idiot saying Congress historically regulated the EPA by telling them “yaw, but.” HA HA HA HA
    So what is the reason Taylor gave for not knowing of this EPA issue? No one told him. Taylor sounds like a teenager!

    I’m seeking a real go-getter, ambitious worker who has the ability to gather information on a daily basis for the sake of the people. I want someone who will be a voice for the people. The ignorance that Taylor has clearly demonstrated in the videos is useful to the progressive movement and destructive to the Republic.

    I can’t wait to hear Joe Tegerdine and Gene Taylor and any other late arrivals to debate the issues. Who can convince me they know most, who can communicate their new logical solutions are best? Who will fight tirelessly against the what the Government wants to do to us against our will?

    Taylor has fully convinced me he is incompetent, irresponsible, and incapable. I would never have him as an employee. Taylor needs to RETIRE!!!

  10. USM, you are right and wrong. Right on the fact that Taylor needs to retire, wrong on the fact that residency doesnt make any difference, it certainly makes a difference when ur running for an office to represent the residents of the district. Joe T spins a good game but he doesnt know the folks. I’m still banking on a more attractive Republican candidate for Joe T “aint” the one.

  11. Hey USM, I forgot to mention that Taylor is not a Mississippian either, how you like him.

  12. I want a people’s candidate, one that will listen to the people, one accessible to voters, one who will fight for the the people and be on the side of all the people of Mississippi no matter the bribes and threats or who they know. I value one who is unwavering and trustworthy. I really like a speech honestly from the heart not a memorized speech.

    Don’t take my word for it, put them to the test. Send your questions to the candidates and see who answers you personally, who actually answers your questions, and not send you a form letter weeks later with your questions not even addressed.

    Then evaluate their answers to match your thoughts.
    Watch their you tube clips. Attend Town halls. Get to know them, then decide, who will work for you?

  13. The Veto text of this bill by the governor should be read before casting a harsh light on Mr. Palazzo.

    http://billstatus.ls.state.ms.us/documents/2009/pdf/veto/HB0803.pdf

    Based the governor’s very concise explanation of his position, it would appear that Mr. Palazzo handled himself within the bounds of the MS constitution without being caught in the fervor surrounding an emotional topic.

    To the editors of this website: Please reconsider your analysis.
    [Editor's note: The editor has no analysis. Articles and comments are submitted by users like JoeSky.]

  14. Perhaps Palaxxo will openly discussed his past Property Rights errors and apologize for what he did and say he learned form his mistakes.

    I will attend the debates this Tuesday night 6:15 at USM and really look forward to hearing his message.

    Tegerdine inspires me with his no nonsense approach. We seem to share the same level of concern along with a firm stand FOR the people of Mississippi.

    This is an interesting Race.

  15. I went and saw both Republican Candidates speak at USM on Tuesday night. I went in with an open mind, my only agenda to see Gene Taylor removed from office this year.

    When Mr. Palazzo was asked about his vote on the Eminent Domain issue he flat out lied in my opinion. He also beat around the bush on his opinion of term limits, his solution to the national debt, his opinion of what to do about the Federal Reserve, and what to do about an over reaching federal government out of control. He did manage to tell me on each of those questions that he was born and raised in Mississippi and understood the concerns of Mississippians. After the 9th time of him mentioning the fact it got sort of old. What I came away with was the opinion that Mr. Palazzo’s entire campaign is “I’m from Mississippi so vote for me”. Mr. Tegerdine did impress me but that’s to be expected, he has been in the race for a while now.

    Will I vote for Mr. Palazzo, no way. Will I vote for Mr. Tegerdine, Maybe. There are still two candidates in the race who I have not heard speak. One a Libertarian, and one a Reform Party candidate.

    Right now I don’t trust either major political party. Both of them got us into this mess and I’m leaning towards an outsider to get us out.

  16. I too attended the USM meeting. I must agree with you as far as Palazzo’s performance in concerned. It was PAINFUL to watch him. He flubbed and bumbled all over the palce. Then Tegerdine stepped up and answered the questions clearly with no ambiguity whatsoever and had a command of the issues.

    We can never beat Gene Taylor if Palazzo is our candidate. He proved to me he is nothing but a talking suit, professional career politicain and nothing more. Palazzo would not even be a speed bump for Taylor. We need someone that has a clear command of the issues and even more importantly someone that is engaged and will FIGHT for us. This event proved to me that Tegerdine has what it takes and it was obvious that he (Tegerdine)has HIS HEART IN IT !!

    I cannot support a politician that talks out of both sides of his mouth. Palazzo sat there and acted like he had protected us from Eminent Domain…he even had the nerve to act like he was behind the Eminent Domain Initiative…that is some nerve (or he takes us for being idiots) HE IS THE REASON we are having to put the Initiative on the baallot.

    On term limits Palazzo was all over the place, which proved to me he will be nothing more than a Good Ole Boy political HACK who will make a career out of living off of us, which if I am not mistaken is precisely the sort of politicians we are trying to GET RID OF !!

    To my freind “Not Gene Taylor in 2010″ I like you voted for a 3rd party a few years ago and it did not turn out as I thought. If we are going to get rid of Taylor we won’t do it with a Libertarian or Reform Party candidate, much as I may LIKE many of the Libertarian Party points. If you want us to actually adhere to the Constitution it looks to me like the choice is becoming rather obvious, esp if we want to win. Tegerdine has ALL the qualities I want and he has the heart and energy and determination to do it. He will NOT cow-tow to the suits in the GOP when it comes to voting..he will stand by US and the Constitution and not buckle under to the “party”. He will vote on principle and I cannot ask for more.

  17. Another note on Palazzo’s record. He voted for the pseudoephedrine bill placing the burden on the citizens of Mississippi to have take off from work, and spend their time and money to get a prescription to obtain a common cold remedy, when a simpler method was available..using an online registration which was easy to put in place and would not burden the citizens. Here again when it came to protecting us from BIG Government intrusion into our lives what did he do..he voted for Big Govt and against the people.

    There were a FEW that had the political spine to stand up and vote against this stupidity, not Palazzo, he threw us under the bus to “look” like he was anti drug. The fact is he was all for Big Govt and decidedly anti Citizens of Mississippi.

    We are ALL in favor of shutting off the supplies to make METH. HOW we do it, is what matters. Theoretically we should have folks representing us that use their brains and examine all the methods and what their results would be before voting. Obviously that was asking too much, for some at least.

    The bill Palazzo voted on will hurt Mississippi citizens and will have only a transient affect upon the supply of Meth…the mom and pop labs will disappear (except near the border counties, such as George, Jackson, Wayne, etc). What has happened in states that enacted the stupidity Palazzo foisted on us will be is that the potency of the Meth will increase because the folks supplying it will be bringing in a much more potent variant. Wh might these wonderful folks be?? If it goes like it has in other states it will end up being the Mexican Drug Gangs !!!

    When this comes to pass you can thank Mr. Palazzo, for not thinking and voting for Big, Intrusive Government !

  18. Jack, are you serious?
    I find it amazing that no one has covered this.
    I have heard very little of this, other than that it was in the House. It passed and Barbour actually signed it?

    The candidates voting record apparently has not been scrutinized, a google search of Palazzo and Pseudoephedrine lists this site as the first hit. not a single news story of his vote.

    What else do we not know about Palazzo?

  19. [...] – As a state Representative he voted against eminent domain reform in 2009 which would have prevented the state government from taking private land and giving it to a [...]

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