High Court: Govts Can Take Property for Econ Development

Bloomberg News

[AntiGuv]

And of course this is the Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

That is another explicit grant of private property rights.

[Dat Mon]

You said..."it appears that the definition of "public use" in the 5th Amendment has shifted from the direct use of the public at large ("...nor shall private property be taken for public use, without just compensation") to a more derivative "public good"

EXACTLY. IMO...this ruling goes against constitutional principles..and is truly dangerous...because of the case in Connecticut that was the basis of this decision.

The property that will be seized through eminent domain does not have to end up as commonly held by the government...and thus indirectly by the public as a whole...but it can be property that is taken from one PRIVATE individual...and given to another PRIVATE entity..be it an individual, private company, or a publicly traded company. This IMO far exceeds the original intent of eminent domain law.

[Archangelsk]

After owning three homes, I rent too. Best decision I've made in years.

[cvq3842]

I wonder if this will help burst the "housing bubble"?

Congress should set about doing what it can to reverse this decision . . .

[RightWhale]

City councils are going to be bribed constantly

If the worry is that city councils are going to become corrupt, then address that issue. That would be a series problem that would reach far beyond questions of private property ownership.

[rattrap]

So where do start throwing the tea?

[GVnana]

Thanks for a few positive words. I feel like I've had a rug pulled-out from under me.

[Skip1]

Well now. The only way to overcome this is for Congress to pass a law that voids the decision. They can do it, but how to get it done?



The only ways that I know of to overturn this decision is another Supreme reversal or a Constitutional Amendment.

[redgolum]

Best of luck to any who own prime land.

Pave over the farm and build a Walmart. After all it is better for the "village" that things bet taken from us for the betterment of the whole.

[OB1kNOb]

We have met the enemy, and they are within.
(With apologies to Pogo and Savage.)

[fooman]

bush is about to appoint 'speedy' gonzalez

[FD_Pilot]

Target every single member of Congress.

Get all the addresses of their private homes.

Go before their local town councils, board of supervisors, whatever, and propose converting their private homes into office buildings.

Just watch what would happen.

[dljordan]

"This court is gotten so far out of line, it is almost treasonous. They are basing decisions on public opinion, on international law, on international opinion. What ever happened to basing decisions on THE CONSTITUTION??"

You forgot to mention those pesky emanations of penumbras.

[Basil314]

I hope Krystal was right this morning when he said that O'Connor is getting ready to retire.

I think you got the wrong person here. Those 5, led by the Stevens need some medical marijuana pronto.

[Carry_Okie]

I'd recommend the book written by Carry Okie. It's must reading after the decision of the USSC.

Thanks for the plug. This ruling is an outrage, no matter what the justification. The court is obviously ignorant on how holding private property rights inviolate works to eliminate the need for "planning," much less government control of what constitutes "the public good."

[texasbluebell]

I can't wait to hear Savage tonight.

[Napoleon Solo]

Like all the other recent stands he has taken lately? The silence will be deafening

[Dead Corpse]

My first idea for dealing with this is a violation of the Terms of Use here. Anything I express here is filtered. In this case. Heavily.

[american spirit]

When it comes to crap like this have you ever wondered how a city gov't. that's essentially a corporate legal fiction can somehow gain control over living souls? How have we come to a point where agents for these corps. can run roughshod over it's citizens....whether it's code enforcers, econ.development, tax appraisers, etc. what gives them the right to enter the private affairs of citizens?

[AmishDude]

I'm saying that this is the practical effect.

If my neighbor wanted to expand his house and use E.D. to get it, I would be thrilled. I'll take the check now.

But if I owned a large parcel of land that had much more potential value than what I was using it for -- say a junkyard -- then I would be hosed.

I suppose the retired would be effected as well, having no intention to ever sell.