chelidon: (Pan Mardi Gras)
[personal profile] chelidon
Pay attention to this one if you're a property owner, or may be someday. What it essentially says is that your local government can seize your property at any time, for any reason they deem sufficient, including because a developer wants what you have. Aside from the injustice issues (and I agree with O'Conner in her dissent), this makes it all the more important to pick a place to live where you trust your local government, if at all possible.

Full story: High court OKs personal property seizures (subhed: Majority: Local officials know how best to help cities)

WASHINGTON (AP) -- -- The Supreme Court on Thursday ruled that local governments may seize people's homes and businesses -- even against their will -- for private economic development.

It was a decision fraught with huge implications for a country with many areas, particularly the rapidly growing urban and suburban areas, facing countervailing pressures of development and property ownership rights.

The 5-4 ruling represented a defeat for some Connecticut residents whose homes are slated for destruction to make room for an office complex. They argued that cities have no right to take their land except for projects with a clear public use, such as roads or schools, or to revitalize blighted areas.

As a result, cities have wide power to bulldoze residences for projects such as shopping malls and hotel complexes to generate tax revenue.

Date: 2005-06-23 04:42 pm (UTC)
From: [identity profile] snidegrrl.livejournal.com
Also: whoah, never thought I'd side with Scalia on anything, ever.

Date: 2005-06-23 04:55 pm (UTC)
From: [identity profile] chelidon.livejournal.com
And Thomas ;>

Date: 2005-06-23 10:41 pm (UTC)
From: [identity profile] erskine.livejournal.com
All the "liberal" judges voted for it. Wierd...

Date: 2005-06-24 08:35 pm (UTC)
From: [identity profile] chelidon.livejournal.com
Yeah, in a very broad sense, it has to do with whose rights are preeminent -- individuals or governments (supposedly composed of citizens, so inherently reflecting the needs of individuals, but...) My own opinion is that it's largely circumstantial (who does get to decide what is the "greater good"), but that in general, economic development, no matter how much potential tax revenue it brings in, shouldn't factor into whether a proposed eminent domain property taking falls under the Constitutionally-allowed "public" clause) But, hey, what do I know, I'm no Constitutional scholar -- then again, 4 out of 9 of the Supremes agrees with me ;>

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