Friday, June 24, 2005

Supreme Court: City's turf war is legit

Governments have always been able to take property from individual landowners as long as they paid just compensation. There's nothing startling about that. But historically, land could only be taken for a public use.

This case is a new wrinkle, because New London, Connecticut, took a landowner's residence to put in place an economic development plan. This was not a blighted area, just a residential area that was ripe for development.

The Supreme Court, by a 5-4 vote, decided that the process did not smell bad enough to make it unconstutional. I can see both sides, but the voices in my head are also split 5-4 in favor of the decision. I vote with the majority only because it took rigorous steps to limit the application of its holding.

1 Comments:

Blogger Rand Simmons said...

I actually wanted to read the opinion to see what the heck SCOTUS was smoking when they made this decision... but 58 pages of opinion was just too much for me.

7:46 PM  

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