I am a West Virginia legislator who had been awaiting the decision in Kelo v. New London because it deals with the constitutionality of the government taking private property for private gain.
During the January 2005 special session, the Legislature passed the governor's government reorganization bill reviving the Public Energy Authority. This governmental body has the right to seize private property in order to construct privately owned power plants.
The Fifth Amendment to the U.S. Constitution provides for adequate compensation for taking private property for public use. However, taking private property for private gain was, and is, unacceptable to this public official.
I was counting on the Supreme Court to protect your property rights. They have failed us in this horrifying decision by undermining our fundamental rights established in the Bill of Rights' Fifth Amendment.
It is now the state's obligation to take this issue seriously and pass legislation protecting your home or business from condemnation simply to make room for private developers in the pockets of public officials.
Cindy Frich delegate,
44th District
Morgantown, W.Va.
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