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September 28, 2004

US Supremes accept eminent domain abuse case

Potentially good news for those who believe that local governments have gone insane with the practice of seizing private property and giving it to someone who promises more tax revenues:
The Supreme Court agreed Tuesday to decide when governments may seize people's homes and businesses for economic development projects, a key question as cash-strapped cities seek ways to generate tax revenue.

At issue is the scope of the Fifth Amendment, which allows governments to take private property through eminent domain, provided the owner is given "just compensation" and the land is for "public use."

This is the New London, Connecticut case -- one of the most egregious land-seizure cases currently in the legal system. Look at how New London justifies its intentions:

New London contends the condemnations are proper because the development plans serving a "public purpose" - such as boosting economic growth - are valid "public use" projects that outweigh the property rights of the homeowners.

This logic essentially destroys all barriers to land seizures -- land owners occupy their property at the pleasure of the local government. Even worse, the Connecticut Supremes endorsed the city's claim (emphasis added):

The Connecticut Supreme Court agreed with New London, ruling 4-3 in March that the mere promise of additional tax revenue justified the condemnation.

Here's to hoping that the U.S. Supremes restore some sanity to the fifth amendment by smacking the defendants silly.

(Credit: ETD)

2 comments:

Tim said...

SDH, I know that loose construction hit the big time with the Warren Court, but did it start there?

Tim said...

[Reader 'Chocolate' writes:]


"land owners occupy their property at the pleasure of the local government."

That notion is breathtakingly shocking!

Chocolate