::  Point of View  ::

Wilhelmina Dery lives in a house on Walbach Street in the Fort Trumbull neighborhood of New London, Connecticut.  This house has been in her family for over 100 years.  She was born in the house in 1918.  Charles Dery, her husband, moved into the house after their marriage in 1946.  Their son and his family live next door in a house he received as a wedding gift.  This week, the Supreme Court of the United States allowed the city to seize both homes by force and raze the property to make way for private development.  Pfizer Inc., the pharmaceuticals giant, wanted waterfront property in the Fort Trumbull neighborhood for a new corporate office, and had asked the New London city council to condemn the Dery homes and fifteen others for its use. 

As I recently wrote, owning your own home is the American Dream.  Unfortunately, this bedrock American value has fallen victim to a local government appetite for economic development at all costs, not just in Connecticut, but nationwide.  Sadly, Virginia is not immune from this trend.  In 1999 Frank and Dora Ottofaro lost their Hampton, Virginia home in a condemnation proceeding for construction of a retail shopping complex, including a Lowe's home improvement center and a Bass Pro Shops sporting goods store.   In 2000, the City of Virginia Beach filed condemnation papers against the Christopolous family's 47-year old oceanfront restaurant to construct a parking garage for a new Hilton hotel.  And just this year, the City of Norfolk filed a condemnation proceeding against a family owned scrap iron business to facilitate the expansion of a Coca Cola bottling plant.  In each instance the City condemned private property to benefit third party interests on the premise of public use. 

Until this week's Supreme Court decision, many were unaware of the government's awesome power of eminent domain.  While our Constitution permits these takings, the Fifth Amendment guarantees that no property shall be taken except for public use and with just compensation.  But, now that the Supreme Court has ruled that economic benefit from a third party can be a public use, this awesome power is essentially unchecked.  Theoretically, we are all at risk of losing our homes, our American dream, to local authorities.

But even more troubling to me is that we are not all at equal risk.  Those who are rich and politically connected to government officials will become the takers.  Those without money, access, position, and influence will become the victims.  Trump Tower and the Kennedy Cape Cod compound are unlikely targets to ever be seized by eminent domain.   Rather the victims will be people like Mrs. Dery.  For this very reason, the NAACP and AARP filed briefs in the New London case opposing the city, believing the takings for economic development will disproportionately affect and harm the economically disadvantaged and, in particular, racial and ethnic minorities and the elderly. 

Justice Sandra Day O'Connor agreed with this sentiment in her dissent to the New London decision, stating, "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." 

Indeed they did not, but regrettably, this perverse result came about by a 5-4 decision.  One more justice who believed in original intent, individual rights, and strict construction of the Constitution would have saved the Dery homes.  This court decision spotlights the importance of the impending judicial fight over the next nominee to the Supreme Court.  We need judges that will exercise deference to the Constitution--not activists doing the bidding of wealthy corporations and developers. 

I am committed to doing everything possible to protect the Constitutional rights that our courts have disregarded.  This week the House of Representatives passed a resolution expressing our grave disapproval regarding the recent Supreme Court opinion.  I also have joined with several of my colleagues in the House to cosponsor legislation that will prevent the federal government from using economic development as a justification for exercising its power of eminent domain.  The Private Property Rights Protection Act will also restrict states and municipalities in the same way whenever federal funds are used in a project in which the power of eminent domain is exercised.  

Because home ownership remains the American dream, private property rights must be protected.  While I will do everything I can in Congress to protect this dream, we must join together in demanding the appointment of judges who will further the dream by respecting our property rights.  For, while we mourn for the loss of Mrs. Dery today, we may mourn for the loss of our Constitution tomorrow.

:: NEWS FLASH ::

Last month Congressman Forbes was awarded the U.S. Navy’s highest civilian honor, the Distinguished Public Service Award for his committed service and leadership in the advancement of the U.S. Navy. The Secretary of the Navy, the Honorable Gordon England, presented the award to Forbes during a small ceremony in the Congressman’s Capitol Hill office. 

“Congressman Forbes ensured that those who served were provided with the resources needed to fulfill their mission,” stated England in the citation presented to Forbes. “His courageous leadership, vision, and loyalty to all the men and women of the Department of the Navy improved the quality of life of all Sailors and Marines and helped create the most modern and highly trained military force in history.” 

The Distinguished Public Service Award is given to an individual who has shown exceptionally distinguished service of substantial and long-term benefit to the United States Navy and Marine Corps. As Co-Chairman of the Navy and Marine Corps Caucus, Forbes has advocated legislation to maintain the Department at the highest level of combat readiness and has been a leader in working to meet the challenges that face the Department during the 21st century.

Past recipients of the award include former first lady Nancy Reagan, Senator John Warner and Chairman of the House Armed Services Committee Rep. Duncan Hunter.