It's hard to believe the Supreme Court would sign off on cities using eminent domain for private developments. What a vile ruling from John Paul Stevens, Anthony Kennedy, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer. Presidents Ford, Reagan, Bush, and Clinton all bought pigs in a poke.
The only remedy now will be for states to use their own laws to clamp down hard on cities or they'll be like kids in a candy store.
Institute for Justice attorney Dana Berliner sums up the situation:
"If jobs and taxes can be a justification for taking someone's home or business, then no property in America is safe. Anyone's home can create more jobs if it is replaced by a business, and any small business can generate greater taxes if replaced by a bigger one."
Michelle Malkin has reactions from around the blogosphere.
Posted by floridacracker at June 23, 2005 12:16 PMI am sooooooo mad right now.
Posted by: Mr. Bingley at June 23, 2005 02:03 PMI can tell you, as a former city councilman, that developers are now celebrating. Local officials, I really believe, do have the best interests of their cities at heart, but all too often they are convinced that what is best for developers is best for their city. Couple this ruling with all the TIF incentives in effect already and the only ones who win are the developers.
Posted by: Diane at June 23, 2005 05:22 PMThis is huge and terrible, but maybe it will serve as a catalyst to unite the left and right poliically. Time to test those checks and balances on power again. I wonder what the Pres will say. This is a golden opportunity for him. The panderers in Congress are so bought and paid for by the developers, there's no hope there...
Watch Walmart....
Posted by: Carl in Atlanta at June 23, 2005 07:46 PMI cannot even imagine having my home or business taken away to make room for a freakin' condo.
It's hideous.
You're lucky to have eminent domain- here in Carpetbagville South, any level of fleabag government can compulsorally resume your property, and if you're really lucky you'll get market value. We also own no rights to anything found on freehold title land- if they find oil, gold or the fountain of youth on your property, it belongs to the revenooers. We need our own revolution.
Posted by: Paul at June 24, 2005 07:04 AM