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IN THE NEWS - US States Fight Back to Protect Rights of Property OwnersBy Brianna Blake
Broadcast: Saturday, December 02, 2006
This is IN THE NEWS in VOA Special English.
Local governments in the United States have always had a constitutional right to seize private property, with fair payment. This right is called eminent1 domain2. Eminent domain has traditionally been limited to the taking of land for public uses like roads, schools or bridges.
The home of Susette Kelo in New London, Connecticut, was one of the properties involved in the Supreme3 Court case.
But on June twenty-third of two thousand five, the Supreme Court decided4 the case of Kelo versus5 the City of New London, Connecticut. The decision gave local governments the right to take private property for the purpose of economic development.
That means a homeowner or business owner could be forced to move not only for reasons of public use, but also for private use. Owners could have their property condemned7 if officials decide that another owner could make more money on that property.
Five of the nine justices on the Supreme Court supported the decision. Four opposed it.
Supporters say eminent domain is needed to improve economically depressed8 areas and create growth and new jobs.
But all across the country, opinion studies showed that most people did not feel the decision was fair.
The Castle Coalition9 is a nonprofit group that is part of the Institute for Justice, which fought the Kelo case before the Supreme Court. The coalition says the threatened use of eminent domain for private development has greatly increased over the past year. The group published a report in June, the anniversary of the Kelo decision.
It said that in one year, local governments had threatened or condemned nearly six thousand properties for private development. That, it said, was equal to more than half the number for the five-year period between nineteen ninety-eight and two thousand two.
But, while the number of threats increased sharply, officials rarely had to act on their threats. The report said local officials took steps to condemn6 three hundred fifty-four properties for private use in the year following the Kelo decision. The coalition says owners largely choose not to fight what they believe will be a hopeless battle.
Under the ruling, no one's property is safe unless individual states pass their own laws to restrict eminent domain. And that is just what they have done.
The Castle Coalition reported last month that thirty-four of the fifty states have passed laws that aim to restrict eminent domain. That includes nine states where voters passed ballot10 measures in the November seventh elections.
Some state laws do more to protect the rights of property owners than others. Lisa Knepper of the Institute for Justice says it is still too soon to tell the effects of these new laws. But efforts are also being made to pass federal legislation to protect all property owners from eminent domain for private development.
IN THE NEWS in VOA Special English was written by Brianna Blake. To learn more about subjects in the news, and to download MP3 files and transcripts11 of our programs, go to www.unsv.com. I'm Steve Ember.
1 eminent | |
adj.显赫的,杰出的,有名的,优良的 | |
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2 domain | |
n.(活动等)领域,范围;领地,势力范围 | |
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3 supreme | |
adj.极度的,最重要的;至高的,最高的 | |
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4 decided | |
adj.决定了的,坚决的;明显的,明确的 | |
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5 versus | |
prep.以…为对手,对;与…相比之下 | |
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6 condemn | |
vt.谴责,指责;宣判(罪犯),判刑 | |
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7 condemned | |
adj. 被责难的, 被宣告有罪的 动词condemn的过去式和过去分词 | |
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8 depressed | |
adj.沮丧的,抑郁的,不景气的,萧条的 | |
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9 coalition | |
n.结合体,同盟,结合,联合 | |
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10 ballot | |
n.(不记名)投票,投票总数,投票权;vi.投票 | |
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11 transcripts | |
n.抄本( transcript的名词复数 );转写本;文字本;副本 | |
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