Having read the opinion of Kennedy, and O'Conner, and gotten a little way through Thomas (he is excellent as always, and reading him shows me how STUPID Senator Reid is, saying that Thomas writes like an 8th-grader), I withdraw my previous comments regarding the scope of the 5th amendment.
This ruling is wrong, and we need to get a judge that will fix it on the Supreme Court. If only Stevens would retire.
He also reminds us that the expansion of Takings has primarily hurt low-income homeowners, especially minorities. He actually mentioned that "urban removal" has been derisively (and correctly) renamed "Negro Removal" by some commentators.
Politically, it's fascinating to me that the Conservatives on the Court are in effect siding with the poorer people against the government and rich private interests, while the Liberals are more interested in expanding government power and enriching developers than protecting the downtrodden. This is yet another example of the tremendous opportunity Republicans have to reach out to constituencies that the 'Rats have effectively deserted.
Here's the money quote:
"The city has carefully formulated a development plan..."
Isn't this a matter of f*#!ng opinion!? Who decides if a plan has been CAREFULLY formulated? Why is degree-of-planning a factor?? As long as they have a really good consultant, they can take our homes at a pittance??