“...all political power is vested in and derived from the people; that all government of right originates from the people ...” (Article I § 1 Missouri Constitution)

Missouri Citizens for Property Rights
33867 Highway E
Dixon, MO 65459
(573) 759-3585
info@mo-cpr.org

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Arnold, MO - May 21, 2007

FOR IMMEDIATE RELEASE

[Download the Court Decision here]

Novel Defense Spares Arnold Dentist from Eminent Domain

Arnold, MO - May 21, 2007 - Dentist Homer Tourkakis scored a major victory Monday in the battle to save his dental practice from eminent domain abuse. The city and their chosen developer, THF Realty, attempted to back down from their effort to take his dental practice through eminent domain rather than risk a precedent setting supreme court decision. They asked for a "dismissal without prejudice", but the judge wouldn't permit it. Instead, he ruled in favor of the property owner in the strongest possible terms.

It was clear that the circuit court judge agreed with Dr. Tourkakis' argument that the state constitution does not give Arnold, as a third class city, the power to use eminent domain to remedy blight. In his judgment, he wrote, "...the delegates who wrote the Constitution of 1945 and the voters who approved it intended to limit the awesome power of eminent domain in such cases to charter counties and cities."

The novel defense strategy was developed by Missouri Citizens for Property Rights (MO-CPR), a new organization formed to put a constitutional amendment on the ballot to stop the use of eminent domain for private development. The dentist's victory could have broader implications for the eminent domain debate, as many other non-chartered cities such as Manchester and Liberty have also employed the power of eminent domain to deal with allegedly blighted properties.

About the court decision, Ron Calzone, chairman of MO-CPR said, "From the Tourkakis' victory we learn two things: First, that eminent domain abuse continues in Missouri, in spite of the the new eminent domain statute passed in 2006. The second thing we learn is that it is going to be very difficult to ever get a precedent setting court decision that truly prevents the use of eminent domain for private gain. Property owners may have to continue to fight their own battles, one by one."

Calzone went on to say that Homer and Julie Tourkakis were heroes, "When most people would have taken the easy way out, and taken whatever money they could get, Homer stayed the course and paved the way for others to protect their property with the same defense. Non-chartered cities across Missouri should now be on notice."

Saint Louis resident Tim Lee, an adjunct scholar at the Cato Institute and a member of the MO-CPR committee, summed up that organization's concern, "We're glad that there is a new defense, but it is government's job to protect our property, not facilitate its taking for another's profit. Its a shame to think that innocent property owners would have to endure what the Tourkakis' have just gone through to protect what is rightfully theirs. We have to amend the Constitution if we are to really solve this problem."

MO-CPR is in the process of collecting over 200,000 signatures to put their amendment on the 2008 general election ballot.

Contact:
Ron Calzone, chairman
Missouri Citizens for Property Rights
ron@mo-cpr.org

ESSAYS Please Read These!

Read about the historical perspective of American Property rights. (click here)

How should we deal with “blight”? (click here)

Endorsements

The Heritage Foundation
“I endorse the worthy and valuable principals of the Missouri Citizens for Property Rights' proposed constitutional amendment to better protect property rights, and I support the enactment of any proposal like it that prevents abuses of traditional eminent domain powers and provides safeguards against the confiscation of private property for other private uses.” -Todd Gaziano, Director, Center for Legal and Judicial Studies The Heritage Foundation
Property Rights Alliance
“Property Rights Alliance (PRA) commends Missouri Citizens for Property Rights for their efforts to protect private property in the state of Missouri. With the threat of eminent domain abuse looming at the state and national level, it is imperative that organizations and activists work together to protect property owners and small business enterprises from government’s grasp. PRA applauds the work of Missouri Citizens for Property Rights and supports its continued efforts to protect the Missourian property owner.” -Scott A. LaGanga, Executive Director of Property Rights Alliance (PRA)
Reason Foundation
“I have looked at a lot of legislation and efforts around the country to limit eminent domain abuse. Most of them are laudable. But the effort of Missouri Citizens for Property Rights stands out from the crowd. Not only are they meticulous about changing the law to confine eminent domain to true public uses, they put real effort into discussing alternatives to eminent domain for cities dealing with blight and economic development challenges. I am impressed by how they combine a hard line on property rights with an effort to address the public policy consequences.“ Dr. Adrian Moore, Vice President, Reason Foundation (Blog)
American Policy Center
“The threat to private property is real. Since the Supreme Court's ruling in Kelo VS New London, no home is secure. As the battle rages across the country, two approaches have emerged: those who try to appease, consequently doing little for property owner's protection -- and those who are serious about protecting private property from the ravages of Eminent Domain. The effort by the Missouri Citizens for Property Rights takes the no-compromising stand and gets it right.” Tom DeWeese, President, American Policy Center
The Rutherford Institute
"I commend the Missouri Citizens for Property Rights in their work to protect the rights of private property owners. This is essential legislation and should be used in other states to ensure that what happened in Connecticut by way of the U.S. Supreme Court's Kelo decision does not happen again."--John W. Whitehead, President, The Rutherford Institute
The Claremont Institute
“Our government officials seem to have lost their way. The primary purpose of government is supposed to be the protection of the inalienable rights of its citizens, including the right to own property, yet all too frequently planning department bureaucrats, with the sanction of both elected officials and courts, view their role as implementing some communitarian ideal, trampling individual rights for what these bureaucrats believe to be the common good. I therefore applaud the efforts of Missouri Citizens for Property Rights to reinvigorate the protection of private property that the Missouri Constitution has historically afforded, amending the constitution to forestall erroneous interpretations of the long-standing provisions. The restoration of property rights as one of our fundamental rights, deserving protection against tyrannical majorities for all but the most compelling of public use reasons, is an important battle, and I wish you much success.” - John Eastman, Director, The Claremont Institute Center for Constitutional Jurisprudence and Professor of Law, Chapman University School of Law
Missouri Property Rights -
Defenders of Property Rights-
“Defenders of Property Rights applauds the Missouri Citizens for Property Rights for their effort to restore the traditional, constitutional principles of property rights in the state of Missouri. Considering the recent tragic results of eminent domain abuse, it is essential that organization’s collaborative efforts work towards returning eminent domain to its appropriate use and prevent private property owners from more unjust takings. Defenders of Property Rights commends the determination of Missouri Citizens for Property Rights in defending property rights and will continue to support their efforts to minimize the victimization of Missourian private property owners as a result of eminent domain abuse.” – Nancie Marzulla, President, Defenders of Property Rights
Dr. Merrill Townley
“I sponsored the first bill introduced in the Missouri House of Representatives to revise the statutes on Eminent Domain and later chaired the Interim Committee that studied that issue... I would be pleased to be one of the first signers on the petition and would carry the petition to get the necessary signers.”
MEDAC (Missouri Eminent Domain Abuse – Coalition)
Concerned Citizens for Family Farms and Heritage, Doug McDaniel President-
The O’Fallon Old Town Preservation Committee
“The O’Fallon Old Town Preservation Committee is proud to endorse the Missouri Constitutional Amendments proposed by the Missouri Citizens for Property Rights.”
New Life Evangelistic Center
Concerned Women for America