Thursday, April 30, 2009

Eminent Domain

An interesting clip from an upcoming documentary on eminent domain, questioning the value of condemning private property to make room for fancier private property...

2 comments:

  1. Do you know the case name for that? The Supreme Court has relaxed Eminent Domain standards from "public use" to "public purpose" - but there has to be a bit more that we're not hearing through that video - because private-to-private ED will not survive constitutional scrutiny if it doesn't serve some legitimate public purpose. The shopping mall, maybe, but private residences, with nothing more than tax revenue, will have a hard time...unless it's owned by a judge - then that's OK.

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  2. I don't know that it's just tax revenue. It's probably also discussed as good for the neighborhood generally to bring in wealthier families. You could make an argument that it is better for the city, not just financially, but also culturally. At least I think you could, though I have not taken land use and don't care to.

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