High Court: Govts Can Take Property for Econ Development

Bloomberg News

[Helmholtz]

U.S. Supreme Court says cities have broad powers to take property.

[BikerNYC]

Oh, man. How depressing.

[boofus]

At the most basic level your body is your most valuable property. That the government can confiscate it and hand it over to a private party to earn revenue is absurd. What's next? Soylent Green anyone?

[AmishDude]

Sorry, a "museum" would be a public project and would have been covered under the old idea of E.D.

[RightWhale]

The right to life is also in doubt with the TS case. The case of private property is ducked in the 5th Amendment. it is something already there. That is the major source of the problem in the western states. The Mining Law of 1876 was passed to clarify property rights, but private ownership in all western states seems to be at the pleasure of the Fed Gov through mining claims, homestead claims, and townsites. Patent could be withdrawn at any time as the Fed Gov has the ultimate Right of Way everywhere.

[CajunConservative]

Have you been through this yourself? I have, it's not fun dealing with multi-billion dollar corporations who like squashing little people. If they want the property bad enough they should pay the fair market value, plain and simple. This is just their way of getting what they want cheap.

[acad1228]

Here in Tulsa, there talking about condemning several high dollar homes to allow a private venture group to build a toll bridge across the Arkansas River. This isn't a public use issue! The local government won't see any revenue from the tolls for eleven years, and even then it will only be a small per cent-age

[olde north church]

Let them try to take mine.

[houeto]

Can you imagine how many developers will be taking council members out to dinner tonight?

[OB1kNOb]

I wish I could. No local stations here carry him. I've tried to find an internet live station, but no luck. May not have looked in the right place. I bet his tongue will catch on fire! From his mouth to the SCOTUS (Socialist Court OTUS)ears!

[RightWhale]

That is personal property, not real estate. Maybe a house qualifies as real estate, but the land is the main issue. They distinguished between land and personal property.

[rwfromkansas]

True, but it wasn't very hard to predict those names when you know it is 5-4. :)

[TheBigB]

As Nixon himself might have put it..

***EXPLETIVE DELETED***

[Protagoras]

The frog is cooked. It's over.

[mrs9x]

I hate this decision as much as anyone else on this forum. However, there IS a way around this ruling - get state supreme courts to have a HIGHER standard for taking property via eminent domain power than the federal constitution.

Just because the federal constitution now is very permissive on eminent domain DOES NOT prevent states from having much higher and tougher eminent domain standards. Because most eminent domain takings are done via state eminent domain power, I expect a lot of states to either enact legislation reigning in localities or state supreme courts (mostly in red states) holding a high standard for takings in the future.

[xzins]

This is a reversal of the Preamble.

"We the people" have now been subordinated to the state. The only real owner of property is the state, and after the state comes the elite moneyed corporations and individuals.

The Supreme Court has just declared National Socialism the law of the land.

It is a very sad day for America, and it highlights that it matters not the party in power when justices are appointed.

[Betty Jane]

Imagine if you own waterfront property. That may be the perfect site for a new resort hotel. Too bad. Your little house has to go for progress, doncha know?

Bought some wooded land for hunting and camping? Too bad, a nice little company connected to the mayor wants it for a new development. It'll increrase the tax base. We are so screwed with this.

I think it is time.

[I'm ALL Right!]

I guess I am just ignorant on this matter. I thought this was unconstitutional.

[RightWhale]

Slavery is illegal. sort of.

[dsc]

"How have we come to a point where agents for these corps. can run roughshod over it's citizens"

Remember Dr. Zhivago? When Zhivago comes home after the war?

[Publius Valerius]

If they want the property bad enough they should pay the fair market value, plain and simple.

In fairness, I don't think this is the problem. The problem is the one or two people that are holding up a major development because they are demanding 10 million dollars for their $75,000 home.

Granted, there are certainly market solutions to the holdout problem, but I think this is the real sticker...