In 2005, the U.S. Supreme Court decided Kelo v. City of New London, in which the Court held that a state government could constitutionally take private land via “eminent domain” and transfer that land to a private company for development purposes to increase tax revenue.
The Winchester Star recognized my pre-Kelo decision property protection efforts: “… to his credit, Delegate Robert G. Marshall … saw what was coming – even when few others in the General Assembly did … Mr. Marshall introduced legislation to prevent precisely what the Supreme Court has allowed in New London, Connecticut … His bill failed, primarily because other lawmakers did not boast similar powers of prescience … We only wish that Bob Marshall’s colleagues had listened to him way back when.” (Winchester Star Editorial, 5-25-05)
The Kelo decision reflects the Court’s opinion that “public purpose” is the same as “public use,” a reading of the Constitution which I reject because it allows public taking of private property to be transferred to other private parties for other private purposes, under a broad reading of the public purpose doctrine which I also reject.
In my capacity as Delegate, I have fought to help many residents receive fair market value for any state “taking” of their property under eminent domain.