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Politics : GOPwinger Lies/Distortions/Omissions/Perversions of Truth
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To: jttmab who wrote (51496)7/3/2005 3:26:50 PM
From: geode00  Read Replies (1) of 173976
 
"Though the city could not take petitioners' land simply to confer a private benefit on a particular private party, see, the takings at issue here would be executed pursuant to a carefully considered development plan, which was not adopted "to benefit a particular class of identifiable individuals," ibid.

Moreover, while the city is not planning to open the condemned land--at least not in its entirety--to use by the general public, this "Court long ago rejected any literal requirement that condemned property be put into use for the ... public."

Rather, it has embraced the broader and more natural interpretation of public use as "public purpose. Without exception, the Court has defined that concept broadly, reflecting its longstanding policy of deference to legislative judgments as to what public needs justify the use of the takings power....

Petitioners' proposal that the Court adopt a new bright-line rule that economic development does not qualify as a public use is supported by neither precedent nor logic. Promoting economic development is a traditional and long accepted governmental function, and there is no principled way of distinguishing it from the other public purposes the Court has recognized....

The Court declines to second-guess the wisdom of the means the city has selected to effectuate its plan...."

caselaw.lp.findlaw.com
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