[Alberta's Child]

President Bush can't possibly speak out against this travesty of justice and keep a straight face -- because there's a baseball stadium down in Texas that was built under this same stupid "eminent domain" process.

[AntiGuv]

A public venue is different - it indisputably falls under the eminent domain power. There are two categories of eminent domain takings under long-established jurisprudence: transfer from private ownership to public ownership and transfer from private ownership to privately owned public service (a utility is another example).

The third category is more recent and arguable: transfer from private to private ownership for public purpose. Before this ruling, it was justified by remedy to public harm (e.g., eliminating urban blight) but now it can be justified by increasing the tax base..

This third category shouldn't exist at all in my view (and that of Justice Thomas). It didn't become permissible until Supreme Court rulings in the 1960s and the 1980s ruled it permissible. Now it's been dramatically expanded..

[Repealthe17thAmendment]

I thought the Ballpark at Arlington was built over the existing site of old Arlington Stadium?

Was there property there that they had to confiscate? I don't recall any homes or small businesses around there, only lots and lots of parking.

[conservativecorner]

Except that it was government seizing the property in that case and not a private entity which makes all the difference in the world.