Posted on May 30, 2009 by David Snyder

George Will Comments On Kelo

Confirming that the U.S. Supreme Court’s Kelo decision remains a controversial decision, George Will mentioned it Sunday on ABC’s This Week. Will is a regular member of the This Week political roundtable. One topic on Sunday was the opening on the Supreme Court created by the retirement of Justice Soutor. Will stated:

"Now conservatives are saying we don't want activist judges, we want judges who will defer to the political branches of government. The problem is the worst case since Dred Scott arguably was deferring to Franklin Roosevelt as a wartime leader in interning 110,000 Japanese-American citizens. The case that offends most conservatives recently came out of New London, Connecticut, wherein the democratically elected City Council using its eminent domain power took property away from people, gave it to businesses because they would pay higher taxes and that was deference again. What the conservatives really wanted in both cases was more activism."

Whether you agree or disagree with Will’s opinion, it is clear that Kelo, decided in 2006, remains a very controversial decision.
 

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Posted on May 25, 2009 by David Snyder

2 Flight 93 Memorial Board Members Resign Over Use of Eminent Domain

Two local members of the Flight 93 Federal Advisory Commission resigned because they vehemently disagree with the federal government’s plan to condemn private property in order to build a Flight 93 Memorial. The National Park Service announced that the federal government will condemn land from seven property owners for a Flight 93 memorial. As a result, Somerset County Commissioner Pamela Tokar-Ickes and Stonycreek Township Supervisor Gregory Walker resigned. Both were original members of the 15-person board. “The NPS and the Families of Flight 93 are sensitive to the community’s concerns regarding the use of eminent domain and will work hard to alleviate those concerns,” National Park Service officials wrote.

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Posted on May 16, 2009 by David Snyder

U.S. House passes Mortgage Reform and Anti-Predatory Lending Act

The U.S. House of Representatives passed the Mortgage Reform and Anti-Predatory Lending Act of 2009. The bill, H.R. 1728, passed by a vote of 300 to 114 on May 7, 2009. The bill includes provisions that will impact appraisers including:

  • Requirements for complete interior inspection appraisals for all subprime loans;
  • Establishment of a federal appraisal independence standard with significant monetary penalties for violations;
  • Modernizing provisions of Title XI of FIRREA to provide additional resources for state enforcement and greater accountability of federal and state appraisal regulators;
  • Required separation and clear disclosure of fees paid to appraisers and fees paid for appraisal administration (i.e., fees paid to appraisal management companies);
  • Limitations on the use of broker price opinions in loan origination; and
  • Registration requirements, and a regulatory framework, for Appraisal Management Companies, with mechanisms to prohibit infiltration by appraisers sanctioned by state regulatory agencies.

The bill now will be considered by the SenateSenate Banking Committee. There is no timetable yet for its consideration.

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Posted on May 9, 2009 by David Snyder

Government to Condemn Land for Flight 93 Memorial

The National Park Service announced that the federal government will condemn land from seven property owners for a Flight 93 memorial. The Park Service stated that it wanted to purchase the property but “these negotiations have been unsuccessful.”  However, the property owners dispute that negotiations have even taken place. 

The seven property owners own about 500 acres still needed for the site. The plans are for a $58 million, 2,200-acre permanent memorial and national park at the crash site near Shanksville, Pittsburgh. The U.S. Justice Department will file a complaint in federal court exercising the power of eminent domain to acquire the property.

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