The solitary reason for writing epistles to you via The Malibu Times is that I can’t help it. On Thursday, June 22, a ruling by the U.S. Supreme Court expanded the government’s power of eminent domain. The 5-4 decision gives local governments the power to seize private property if it would benefit the public economy. The ruling gives the California Coastal Commission flexibility in bringing economic opportunities within Malibu to benefit to the entire state, with no concern for the wishes of the Malibu community. In its written opinion, the U.S. Supreme Court emphasizes that states do have the option of making stricter laws regarding eminent domain.
Last night, as I sat on the patio of my restful home in Malibu, looking at my fence (which is only symbolic at this point), my orange trees and the neighboring houses, it occurred to me, while daydreaming, that all mine is only all mine until some bureaucrat decides he wants it for any reason whatsoever.
It is the same for all Malibuites.
I’ve long held that Malibuites don’t actually own their property anyway. We just have an indefinite lease from the state in the form of property taxes. Now, even that lease agreement is null and void.
Taxes used to fund things for public use. Now public use is going to fund taxes. There are many California agencies, as well as our own city government, that were waiting on this ruling. These governmental groups just got the go ahead from the highest court in our country to take whatever they want for whatever reason they want.
I’ve been following Kelo vs. New London for almost a year, but I’ve been alarmed with the eminent domain process for longer than that as my neighbor lost his family home in L.A. due to the eminent domain law for expanding the Los Angeles Airport. People will shake their heads, nay-say and whine, but nothing will be done when the bulldozers level Suzette Kelo’s home.
Balancing the Supreme Court needs to be every Malibuite’s priority. And since everyone else is politicizing this decision, it’s my turn. The more conservative justices voted correctly on this case. My hat is off to them. The liberal and supposed moderates shredded the Constitution. The world didn’t end on June 22, but property rights did. The United States needs judges who follow the Constitution, not judges who act like it’s a trivial nuisance. Malibuites have a lot to do to fix this unwarranted ruling and this isn’t the time to be politically divided if we want to preserve our Malibu Way of Life.
And that is all I have to say.
Tom Fakehany