[andie74]

Justice Sandra Day O’Connor presses Wesley Horton, the lawyer for New London, on whether eminent domain can really be deployed to condemn any property that could be put to better use.

‘‘For example, a Motel 6,’’ O’Connor says. ‘‘A city thinks, ‘If we had a Ritz-Carlton, we’d get higher taxes.’ Is that OK?’’

‘‘Yes, that’s OK,’’ Horton replies.

Justice Antonin Scalia: ‘‘You can take from A and give it to B, if B pays more in taxes?’’

Horton: ‘‘Yes, if it’s a significant amount.’’

Note the date published on this...some great case law cited. Read it and literally weep.

[EagleUSA]

Note the date published on this...some great case law cited. Read it and literally weep.
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It is beyond tragic. The socialist mentality that has prevailed due to the socialists that sit on SCOTUS, is a mortal wound to Constitutional liberty and freedoms of ownership. This is just to incredible to even believe --- the left is out of it f-ing mind!!!!

[Criminal Number 18F]

Jeff's conclusion: The question now is whether five Supreme Court justices will agree to kill off this piece of the Bill of Rights for good, or to bring it back to life.

Well, we know now what they did. Good Christ, what a bad decision. And Souter the swing guy -- great move, Poppy Bush. And junior wants to put squishes like Al Gonzalez on SCOTUS. This is a decision that Lord North and George III would seek.

d.o.l.

Criminal Number 18F

[Cboldt]

* bump *

Good cites and old speculation

[TheOtherOne]

FULL TEXT PDF OF ORAL ARGUMENTS IN KELO V. NEW LONDON

http://www.supremecourtus.gov/oral_arguments/argument_transcripts/04-108.pdf

[KarlInOhio]

How long will it take the Supreme Court to say that on a strictly utilitarian basis, your organs could save the lives of 5 people so they have a right to kill you to take them?

Also, would it be wrong for the person thrown off his property to dump a bucket of dioxin (or similar chemical on the EPA bad list) on his former property as a going away gift? One anonymous call to the EPA and suddenly all development has to be shut down and the new owner has thousands of dollars of clean up.

[L.N. Smithee]

There is only one bright side to this travesty: Those who thought talk of an out-of-control judiciary was reactionary nonsense and distraction from Tom DeLay's controversies will get a cold slap in the face IF (and it's a big IF) the GOP can forcefully articulate why every American has suddenly lost a right that they took for granted due to the very judicial activism they've been warning about for years.

Schumer, Leahy, Durbin and Boxer's attempts to skewer qualified nominees based on their protection of all things abortion will fail; the confiscation of the American Dream itself trumps Roe vs. Wade.

[Boomer Geezer]

OK I'm not a lawyer here, and perhaps my education is lacking. But I always thought that was was in the Bill of Rights referred to such things as putting in a road, freeway, like someone mentioned post office or rail road, running high tension lines, etc.

Now this is being extended to grant privilege to business as long as the business gives more $$ to the city/county/state coffers than some homeowner or previous business owner? So what that means is that if you live in a home on a residential block, and this block butts up against a mall, and if on this mall they want to tear down the J.C. Penny's and extend the area to put up a Costco or Sam's Club, they can claim that block of residential property as "public domain" ???

And who determines "just compensation" -- at least I hope it would mean fair market value for the house and land.

[Mobilemitter]

Let us all sing together...."there goes my everything..."

The SCOTUS has just proved itself unfit. WE THE PEOPLE need to declare them unfit and demand that they be REMOVED..... NOW!!!!

In Texas there is a group of homeowners who protested the city's exercising "eminent domain" regarding their retirement homes and businesses to make way for a new football stadium. I am sure they felt the tip of this blade work.

Likewise, our house is also being slated for "removal" by our local city to make way for a proposed 6 lane road. There are now 4 lanes handling all the city traffic in our region. They want to add 3- 6 lane roads for a total of 18 lanes. This will help "spur" developers and promote business growth in our region. This is great, for the city tax base and for contractors. However, we have lived in our house (that was moved into this area 50 years ago) for over 20 years and now we can't sell the it for what it is actually worth. The city will "evaluate" the property value and then pay us what they say is a "fair" market value. They will not take into account the historic nature of the house, the oak flooring, moldings, etc. that make the house unique and desirable. Adding insult to injury, they pass zoning restrictions so that even developers will not touch our land. To buy and develop our property they have to pay the city the cost to bring in city Utilities to our land. Oh, yes, that's right, we aren't even in city limits, we are on the side of the road which is "county" property. But wait, there's more. They don't have the money to build the road yet. It may take another 5 years before they get started. Meanwhile, the property values are held flat by their fascist zoning chains. When I complained at a city meeting I was told "We are just being responsible with the taxpayer's money." So, what am I? I certainly pay my taxes (which they also just doubled)

An old Beatles line comes to mind....'you say you want a revolution welllll,....' .