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To: SoJoCo
The 5th Amendment does not define ‘public use’. So how could the Justice Stephens change it?

Certainly taking from one private individual to give to another is not public use.

29 posted on 09/02/2011 6:53:08 AM PDT by IYAS9YAS (Rose, there's a Messerschmitt in the kitchen. Clean it up, will ya?)
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To: IYAS9YAS

A lot of states enacted amendments to better define eminent domain. I know Florida did. Who wants to bet that California and New York are ‘keeping their options open.’


33 posted on 09/02/2011 7:42:49 AM PDT by LevinFan
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To: IYAS9YAS
Certainly taking from one private individual to give to another is not public use.

I may not disagree with you but where does the U.S. Constitution say that? The Connecticut legislature passed a law saying that that under certain situations using eminent domain to take private property and turning it over to private companies constituted public use. The state courts said that doing so didn't violate the state constitution. Agree or disagree, it is the right of the state to define 'public use' that way if they want to since the U.S. Constitution does not define it for them. And having chosen their course the U.S. Supreme Court should not have overruled them.

35 posted on 09/02/2011 9:35:54 AM PDT by SoJoCo
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