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To: Jake8898

The problem in Kelo was CONNECTICUT. The “Takings Clause” in the Fifth Amendment applies to the Federal Government. Most of the states have a comparable clause in their own constitutions. Connecticut does not.


20 posted on 06/27/2012 7:26:39 PM PDT by muawiyah
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To: muawiyah
The problem in Kelo was CONNECTICUT. The “Takings Clause” in the Fifth Amendment applies to the Federal Government. Most of the states have a comparable clause in their own constitutions. Connecticut does not.

I disagree; the problem with Kelo was allowing imagination* of greater tax-revenue to be valid as the justification-of eminent domain and as qualifying for the "public use" portion of the 5th Amendment.

* Really "projection" but it must be emphasized that the numbers have no basis in reality as the land seized was never developed and therefore never generated any increased tax-revenue.

45 posted on 06/27/2012 10:20:01 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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To: muawiyah

The takings clause applies to the states, too, since 1897.


47 posted on 06/28/2012 12:48:50 AM PDT by Defiant (If there are infinite parallel universes, why Lord, am I living in the one with Obama as President?)
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