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Measure #39 - YES
Prohibits Public Body From Condemning Private Real Property If Intends
To Convey To Private Party
Simply
Stated:
Restores Private Property
PEAPAC Explanation
This Measure would restore private property rights that existed in
Oregon prior to the U.S. Supreme Court's Kelo decision.
Under most circumstances, it would make it illegal for the
government to take your property for the purpose of selling it to
another private property owner.
PEAPAC Commentary
In the landmark 2005 Kelo v. City of New London decision, the U. S.
Supreme Court, by a 5-4 vote, ruled that government
could transfer land from one private owner to another to further
economic development. This greatly curtailed private
property rights across America.
Private property is a basic Biblical freedom. The 8th Commandment
prohibits theft. The case laws (Exo. 21-23) require
restitution when property is stolen or damaged. Our Declaration of
Independence says we have inalienable rights of "life,
liberty and the pursuit of happiness. "This was a restatement of John
Locke's "life, liberty and property." Our happiness is tied
to the right use of our property.
As an example of great wickedness on the part of rulers, the Bible
gives us the account of King Ahab's murder of
Naboth. The driving force behind this murder was Ahab's desire for
Naboth's land. Like some state officials today, Ahab
thought he knew of a better use for Naboth's land than Naboth did.
Instead of a vineyard, Ahab thought it should be a vegetable
garden. Like modern state officials, Ahab was willing to give Naboth
the value of his land, or land someplace else. But
Naboth liked the particular piece of land God had given him. So,
like some state officials today, Ahab was willing to use the
full power of his office to re-direct, by force if necessary, the
use of Naboth's land.
In some ways, what is happening under the Kelo decision is even
worse than what Ahab did. He had to pay wicked
men to lie in court! Ahab couldn't just re-interpret the law and say
it meant what it hadn't for centuries, as our Supreme
Court did last year.
For over two hundred years, our nation's laws heavily restricted
government's ability to take private property. There
had to be a compelling public use for the land, such as a road. The
Supreme Court erred and erred badly in the 2005 Kelo
decision, which changed this 200 year old protection. The court
overstepped its interpretive role by broadening the definition
of "public use" under the 1st Amendment to include the confiscation
of private property for the purpose of turning it
over to private developers. The result has been disastrous. Some
local governments (for example, Long Beach, California and
Sand Springs, Oklahoma) have even tried to condemn churches to make
way for private parking lots and developments.
Measure 39 will prevent like atrocities from happening in Oregon. We
strongly urge your Yes vote on Measure 39.
This voters' guide produced by Parents Education Association, PAC.
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