“This is not about being fair. “This is about dealing with what is an emergency out in front of us that may not be right here, but we can see coming at us.” Felicia Marcus, State Resource control Board Chairwoman
Exploiting the concept of “for the greater good,” Marcus eviscerated the contract and property rights of cities like San Diego that had planned wisely and invested heavily to provide the water infrastructure necessary to mitigate the economic calamity stemming from future droughts.
For their part, the people of San Diego committed in excess of $3.5 Billion in contract purchases and desalinization plants. That’s well over $2,500 for every San Diego resident. In return they’ll get nothing. Instead, the state will require San Diego county to reduce usage by up to 36% while other areas of California may only be cut by as little as 8%.
Casting aside the Constitution and all previous laws protecting the rights of investors, a single administrative agency led by an environmental extremist has literally stolen the value of the contracts and investments that San Diego had entered into on behalf of its citizens who are stuck footing the bill.
While it’s true that eminent domain had previously been employed to take private property it was only allowed with very strict restrictions and was always accompanied by just compensation.
The Kelo case was the first warning that government was moving towards super ceding the private property rights of individuals.
In Kelo, et al. v. City of New London, the Supreme Court held that the City of New London Connecticut had the right to enforce eminent domain solely for the purpose of economic development. Fundamentally, the court upheld the taking of property from one private owner and awarding it to another. In this case, it was for the benefit of a developer whose project promised a return of higher taxes for the city.
Even here, just compensation was provided.
In California, an environmental extremist has broken new ground in violating Constitutional protections, and the Progressives in the State House as well as Governor Brown can avoid accountability because no vote was required of the state’s representatives nor did any bill require the governor’s signature.
That decisions of this magnitude do not require legislative and executive approval should serve as warning to everyone that government may now seize property and worth as it deems necessary and by administrative decree, only. With federal debt over $16 Trillion, and Americans’ retirement accounts worth an estimated $17 Trillion it might well be time to be concerned.