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Pastimes : Politics for Morons – Thread Moron Political Annex
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To: Tom C who wrote (227)6/25/2005 3:09:20 PM
From: Oeconomicus  Read Replies (2) of 326
 
"the rights of property are left solely dependent upon a legislative body, without any restraint."

A bit of an overstatement, wouldn't you say? "Without any restraint"? That would be an imagined implication of this case, IMO. Nothing I have read suggests any of the justices find "no restraint" on eminent domain powers.

Also, we are not talking about "tak[ing] the property of A. and transfer[ing] it to B." The line that needs to be clarified is what is a legitimate "public use" justification for exercise of eminent domain. Does it extend to "revitalization" and "increasing the tax base" or should it be limited to traditional public goods like roads that are owned and operated by the state? What about privately owned utilities? And if we don't like private parties benefiting, does that mean no more cities can use private money to build stadiums or other large public facilities?

My point remains, it is up to the citizens of the states, by amendment of their respective constitutions or by legislation made by their elected representatives, to define the legitimate use of that long established power.

Or we could just dump the idea of states rights and define it at the federal level, legislating from the bench and forcing it down upon state and local governments. Wouldn't that be a fun? ;-)
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