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To: kvanbrunt2; Behind the Blue Wall
The controversy is not over the difference between "purpose" or "use". The issue is the definition of the word "PUBLIC".

A highway or school is a public use. A Pfizer plant in New London, CT or a limosuine parking lot for a billionaire's casino is NOT a public use.

The problem with Kelo is that it establishes that the Takings Clause has no limits whatsoever. In effect what that means is that the government can make up whatever excuse it wants to take your property. One of the definitions of tyranny is the inconsistency and caprice of its laws. By establishing no limits at all in Kelo, the decision allows government at all levels to make up whatever definitions they want for the word public use, and there is no legal process (at least at the federal level) to protest. By using the argument that creating jobs and increased tax revenue with new proprietors of the private property (as opposed to the rightful, original owners) is a public use gives all power to the state in an arbitrary and caprecious manner.

I can't believe we're have to rehash the demerits of Kelo 10 years after the fact to actual Freepers. I never thought the Trump phenomenom would turn so-called conservatives into low information voters, who don't know or don't care to actually research the case and its Constitutional justifications (or in this case, its lack thereof).

278 posted on 10/07/2015 8:43:45 PM PDT by GunRunner
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To: GunRunner

OK if Kelo opened the door to governments coming up with “whatever they want”, what are some of the more egregious examples of completely arbitrary and capricious ways in which they’ve done so?


281 posted on 10/08/2015 1:08:43 AM PDT by Behind the Blue Wall
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To: GunRunner

i agree i just focused on use but you are correct public thoroughfare. and that essentially means free/maybe a toll use by everyone.


306 posted on 10/09/2015 7:17:40 PM PDT by kvanbrunt2 (civil law: commanding what is right and prohibiting what is wrong Blackstone Commentaries I p44)
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