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To: AntiGuv

The social harm is the lack of an office park. The Sandra Day distinctions are absurd.


843 posted on 06/23/2005 1:32:23 PM PDT by Torie (Constrain rogue state courts; repeal your state constitution)
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To: Torie

Hmm.. That is an interesting way to put it. I'll have to think about it (actually, what I want to do is read the dissents in their entirety - I haven't done that yet).

So, I take it you're agreeing Justice Kennedy's formula of judicial divination? ;^)


869 posted on 06/23/2005 1:50:03 PM PDT by AntiGuv (™)
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To: Torie

I've now read the dissents in full and O'Connor's position is clearly that three categories comply with the public use requirement: (1) transfer from private to public ownership; (2) transfer from private to private ownership for public service; (3) transfer from private to private ownership for public purpose.

The public purpose is to remedy affirmative harm to the public - e.g., blight & oligopoly.

Justice Thomas would maintain the first two categories and remove the third altogether out of eminent domain jurisprudence and into property regulation persuant the police power. I suspect that I agree mostly with the interpretation of Justice Thomas, but I think Justice O'Connor's view is also reasoned (and they actually reach the same ends by different paths).

No, I do not think her position is embarrassing.


923 posted on 06/23/2005 2:45:12 PM PDT by AntiGuv (™)
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