June 23, 2005

I thought I'd be original...

I was thinking of calling this post "RIP Private Property" or "Private Property in the US 1776-2005", but Bill and Richard (and many others I assume) have already beat me too it.

The good thing about all this is that I’m about to become a property owner in one of the eight states (Arkansas, Florida, Illinois, Kentucky, Maine, Montana, South Carolina an d Washington) who have laws on the books that restrict eminent domain takings to only those who eliminate blight.

This still ticks me off though. How is this allowable? In the words of Justice John Paul Stevens

The city has carefully formulated an economic development that it believes will provide appreciable benefits to the community, including -- but by no means limited to -- new jobs and increased tax revenue

Meaning to hell with what you want to do with the home that you own and may have owned for generations, the government -people so much smarter than you- know better. How screwed up is this court? The same group of justices who decide that medicinal marijuana is bad decide that taking of homes is good? Do they simply give a damn about individual liberties?

No… they don’t. It’s as simple as that.

Update I've never been much of a fan of Clarence Thomas, but between his principled dissent after the marijuana fiasco and this brilliantly understated line from his dissent on this case, I've come to admire him a bit.

"Something has gone seriously awry with this Court’'s interpretation of the Constitution."

Amen to that...

Posted by Frinklin at June 23, 2005 07:41 PM

How long do you think it will be before a municipality in one of those eight states sues because they are being denied their constitutional right to higher tax revenues?

When they do how much do you want to bet that they win?

Actually you are, like me, already betting the difference between what your house is worth and your "just compensation."

Posted by: Stephen Macklin at June 24, 2005 06:39 PM

You're dead right on that one. At least one city amongst those 8 states will sue and most certainly win.

Considering I'm in the process of buying a home in a downtown neighborhood, I'm rather nervous about the whole thing.

Posted by: frinklin at June 24, 2005 09:47 PM
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