CNN Lou Dobbs Tonight - Transcript

Date: Aug. 9, 2005
Issues: Judicial Branch


CNN Lou Dobbs Tonight - Transcript
Tuesday, August 9, 2005

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DOBBS: Alabama's taking on what has become a controversial U.S. Supreme Court ruling on the government's right to seize your home. The Supreme Court ruled in June that local governments can seize private property for the purpose of private development. The state of Alabama quickly passed a law that protects private land from such seizure. Delaware has a similar law. And there are now movements in more than a dozen other states to pass similar legislation.

I'm joined now by the man who signed Alabama's new law. Governor Bob Riley joins us from Montgomery. Governor, what bothered you the most about the Kelo ruling, the Supreme Court ruling permitting this?

GOV. BOB RILEY (R), ALABAMA: Well, Lou, I think it's one of the worst rulings this court has ever brought down. You said a moment ago, it's controversial. It's not controversial in Alabama. It's just absolutely wrong. And if you look at the vote that we had in the House and the Senate down here to change that, it was unanimous. There was not one dissenting vote.

And I think you're going to see more and more of this all across the country.

I read the other day, I think there's 23 other states that are trying to enact their own property rights laws in their states today.

DOBBS: One of the things that the Supreme Court, as you well know, said is that the city has carefully formulated a development plan that it believes will provide appreciable benefits to the community, including but not limited to new jobs and increased tax revenue. I mean, that is as bizarre, whether for lawyers or not, I mean, that is a bizarre piece of reasoning.

RILEY: Well, it's not only a bizarre piece of reasoning, it is absolutely wrong. One of the things that made this the greatest country in the world is our belief that when you work hard and you buy a piece of property, it's going to be protected. The last thing the government needs to do is try to take that away from you to expand a tax base.

What the government should be doing is protecting those private property rights, and that's simply what we've tried to do.

DOBBS: Well, you know, Governor, I don't know if you appreciate the irony, I certainly do, that the United States government is sitting here talking to China about creating some respect for contract law and property rights; at the same time the United States Supreme Court is knocking down, diluting in effect, property rights in this country.

RILEY: Well, yeah, but they went so far on this. If you read the dissent, what Sandra Day O'Connor said is absolutely true, there's not a piece of private property anywhere in the United States that's not subject to seizure under this new law.

DOBBS: Right. RILEY: That was never what the founding fathers had intended. They said, use this property for public use, not to improve the general welfare of the public.

I think that you're going to see more and more states do exactly what Alabama did. It just so happened we were in a special session, and we could address it immediately. I think when most of these legislatures go back into session, you're going to see more and more of the states go back and do exactly what the Supreme Court told us to do. This -- they said that this does not preclude any state from going in and setting their own remedies. I think you're going to see that all across this country.

DOBBS: Well, certainly in the state of Alabama, Governor Bob Riley, good to talk with you. Let me ask you quickly, we're out of time, do you think this will stand up to Supreme Court review, your new law?

RILEY: Oh, there's absolutely no doubt. Again, the Supreme Court said that this does not preclude the state from stepping in and putting additional restrictions.

DOBBS: Governor Bob Riley, thank you for being here.

RILEY: Thanks, Lou.

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