Case law is legislation from the bench. It is a severe problem in this country. Attempting to act as if you or toad are ignorant of this very serious problem is disingenous, at best, especially when any person in their right minds know very well about activist judges and what they are doing to undermine the constitution via their orders....which are being enforced through the executive branch, "when necessary."
As I earlier stated, Kelo is being used to further TAKINGS/THEFT via eminent domain. As this article discusses this type of theft, Kelo was and is an appropriate example to use regarding laws being made/government theft via judicial fiat.
If you and your ilk would ever quit lying, misrepresenting, or obfuscating the valid points of what posters actually state...and could ever actually admit you and your ilks' posts, and apparent existence to post on FR, are but to derail sentiments expressed against globalist agendas....you and your globalist shill ilk would at least be honest shills instead of lying shills.
Case in point as to how Kelo is being USED to further government thievery:
Fifth Circuit Decides Post-Kelo Eminent Domain Case:KELO is being used, in many states, to allow takings of private land. It is, therefore, CASE LAW being used to further government thievery.The U.S. Court of Appeals for the Fifth Circuit Court has handed down its decision, in Western Seafood Co. v. City of Freeport, a noteworthy post-Kelo eminent domain case that I blogged about back in June (hat tip to Wright Gore, President of the Western Seafood Company). Western Seafood involves the condemnation of part of a property owner's lot for transfer to a neighboring business so that the latter can build a marina for the asserted purpose of promoting "economic development" in the area. As I expected, the court rejected the property owner's claim that this condemnation violates the Takings Clause of federal Constitution.
The Court's opinion on the federal issue is a fairly straightforward application of Kelo. In Kelo, the Supreme Court of course of course held that "economic development" is sufficient justification to allow condemnation of private property for transfer to a new private owner. Moreover, as I explained in detail in my previous post on Western Seafood, Kelo virtually immunizes from challenge any economic development condemnation that is undertaken pursuant to an "integrated redevelopment plan." Virtually all economic development takings - including that in Western Seafood - are undertaken as part of some sort of plan.
The Fifth Circuit did, however, remand the case to the District Court for further consideration of Western Seafood's claim that the taking violates the Texas state constitution. The opinion notes that Texas state courts use state legislation as a guide to interpretation of the state constitution's Takings Clause, and that Texas enacted a post-Kelo reform law after the District Court reached its initial decision rejecting Western Seafood's claim. It will be interesting to see how the District Court resolves the state constitutional issue. However, I am not terribly optimistic about Western Seafood's prospects. To the extent that state constitutional issue turns on the impact of the new Texas post-Kelo statute, it is likely to cut in favor of the government, since that statute does very little to constrain economic development takings (see my analysis of the Texas law in this paper, pp. 73-75).
2. If you wish to cite to another case (as you have), I'll take a look at it when I have the chance. I'd rather read the actual opinion itself instead of reading what you found some blogger to write after a frantic Google search. Your standards of evidence, frankly, suck.
The Fifth Circuit did, however, remand the case to the District Court for further consideration of Western Seafood's claim that the taking violates the Texas state constitution. The opinion notes that Texas state courts use state legislation as a guide to interpretation of the state constitution's Takings Clause, and that Texas enacted a post-Kelo reform law after the District Court reached its initial decision rejecting Western Seafood's claim.Now, how can this be, nicmarlo? I thought Kelo is "case law?"