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Politics : Just the Facts, Ma'am: A Compendium of Liberal Fiction
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To: Lazarus_Long who wrote (37141)6/25/2005 3:29:48 PM
From: Oeconomicus  Read Replies (1) of 90947
 
I'm sure they didn't even begin to conceive of the kinds of public projects we see as commonplace (and appropriate) today, much less how private money could be used to make building them affordable for local governments. And I'm sure the 5th amendment neither grants nor defines that power of states. It takes it as a given - a power understood to be held by governments - and merely states that those whose property is so taken must be justly compensated.

BTW, you might be interested to know that this is not the first time the SCOTUS has deferred to the states on what is a legitimate use of eminent domain powers. It ruled on a 1967 Hawaii land reform law that the state legislature DID have the power to transfer property from the large estates that used to own all of the land there to the individual tenants occupying the land. In ruling, they cited an earlier case, Berman v. Parker (1954), quoting that decision as follows:

"Subject to specific constitutional limitations, when the legislature has spoken, the public interest has been declared in terms well-nigh conclusive. In such cases the legislature, not the judiciary, is the main guardian of the public needs to be served by social legislation, whether it be Congress legislating concerning the District of Columbia ... or the States legislating local affairs …. This principle admits of no exception merely because the power of eminent domain is involved."
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