The problem is that the majority appears to think that the legislature (or in this case, the private, unelected development company) should be given a great deal of deference in the decision of what would be best for the city. Who is to say that these people aren't in Pfizer's pocket? Who is to say that the city council isn't?
I've blogged on this isse and included large excerpts of the Court's 58-page decision, including both O'Connor's and Thomas' dissents. Here are the first and last paragraphs:
OK, Hell has officially frozen over. I agree with O'Connor, Rehnquist, Scalia and Thomas in the eminent domain case of KELO ET AL. v. CITY OF NEW LONDON ET AL (slip opinion, .PDF). I agree with Justice O'Connor's eloquent dissent (which Justices Scalia, Rehnquist and Thomas joined) almost in its entirety. Justice Thomas picked far more nits in his separate dissent and I found the bulk of his reasoning questionable, but even so, I can find some few points with which to agree.You can see the entire very long post here.The dissenters took particular note that the petitioners in this case were lower-income people living in an economically depressed -- but not "blighted" -- neighborhood, upon which the pharmaceutical giant Pfizer had set its sights. The city of New London, CT successfully argued that the eminent domain taking of private property (in this case, residences which had been in their respective families for several generations) could be justified even when there was no direct public benefit beyond being part of a larger economic revitalization plan.
[major snip]
This decision is a travesty, and I hope it is revisited and corrected quickly. Otherwise, the corporate owners of our government officials will call up their lackeys in the city halls and state houses to wipe out entire neighborhoods on the strength of vaporous promise of jobs and increased taxes. The Court has cut a faustian deal with developers to keep inflating the real estate bubble, but the Court's soul is not all that is at stake.
There is also a very good post on the Daily Kos disagreeing with this decision, which has aerial photos of the area in question and goes into some depth about the specific neighborhoods. I have also crossposted there (I am a Kossack, after all). :)
Poor reasoning, the 5th Amendment is clear and Thomas explains it, private property rights are just that rights that governments can not abridge absent a compelling reason and "public use".
I suggest you read the dissents again.
Good work. Welcome to FR.