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:
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