Tuesday, August 4, 2009

Today's Lesson On the Bill of Rights Brought to You By the City of Huntington, West Virginia

Citizens cannot be "deprived of life, liberty, or property, without due process of law. Nor shall private property be taken for public use without just compensation."

That comes from the Fifth Amendment to the United States Constitution, something that the city fathers of Huntington seem to have forgotten recently.

Apparently there is a legitimate problem with structures burning, property owners collecting insurance payments, then abandoning the buildings. Huntington decided that the solution to this issue lay in violating the Constitution. They decided to pass a city ordinance requiring insurance companies to give the payments to the city so that it can make sure the structures are either repaired or demolished.

Problem is that this action is a public seizure of private property. It also violates Article 1 Section 10, which prevents governments from "impairing the Obligation of Contracts." An insurance policy is a contract between the company and the insured and the city has no right to intervene.

Cities and other local governments generally are the worst offenders of Constitutional and property rights. Their ordinances require special attention from their constituency because only rarely will their infringements upon our rights be fully reported or challenged.

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