RESOLUTION 05-37

 

EXPRESSING THE OPPOSITION OF THE TOWN COUNCIL OF THE MAJORITY OPINION OF THE UNITED STATES SUPREME COURT in the case of Kelo et al. v. City of New London et al. that nullifies the protections afforded private property owners in the Takings Clause of the Fifth Amendment.

 

Whereas the takings clause of the Fifth Amendment states "nor shall private property be taken for public use, without just compensation"; and

 

Whereas upon adoption, the 14th amendment extended the application of the Fifth Amendment to each and every State and local government; and

 

Whereas the takings clause of the Fifth Amendment has historically been interpreted and applied by the Supreme Court to be conditioned upon the necessity that Government assumption of private property through eminent domain must be for the public use and requires just compensation; and

 

Whereas the opinion of the majority in Kelo et al. v. City of New London et al. expands the public use provision in the Takings Clause of the Fifth Amendment; and

 

Whereas all levels of government have a Constitutional responsibility and a moral obligation to always defend the property rights of individuals and to only execute its power of eminent domain for the good of public use and contingent upon the just compensation to the individual property owner.

 

Now, therefore, be it Resolved by the Governing Body of the Town of Taos:

 

  1. The Town Council hereby states its disagreement with the majority opinion in Kelo et al. v. City of New London et al.

 

  1. State and local governments should only execute the power of eminent domain for those purposes that serve the public good in accordance with the Fifth Amendment.

 

  1. State and local governments must always justly compensate those individuals whose property is assumed through eminent domain in accordance with the Fifth Amendment.

 

  1. Any execution of eminent domain by State and local government that does not comply with items 2 and 3 herein constitutes an abuse of government power.

 

  1. Eminent domain should never be used to advantage one private party over another.

 

RESOLVED THIS 16th DAY OF August, 2005

 

TOWN OF TAOS: Bobby F. Duran, Mayor

ATTEST: Tamara Trujillo, Town Clerk

Approved as to legal form: Town Attorney