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?"
Kelo is case law. As I said, they are USING KELO to further future rulings for government thievery. I NEVER SAID it would cause 100% of the time, rulings in favor of the government thievery. But the government is USING KELO for that very reason when it files for eminent domain.
Thank you for making my point. Depending upon the judges, and laws being passed by states, some AMERICAN CITIZENS may actually not have their PRIVATE PROPERTY STOLEN BY THE GOVERNMENT.