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This is really disturbing - Journal of Omnifarious

Jun. 23rd, 2005

03:10 pm - This is really disturbing

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Supreme Rules Private Property Can be Seized

This headline is only a little more alarmist than the actual ruling. The ruling was that it was up to the states to decide what 'public good' meant in determining whether or not a particular instance of eminent domain was legal. This is really an abdication of their responsibility to uphold the constitution, because the definition of that term is crucial.

This is basically about a community deciding to grab a bunch of houses and hand them over to commercial developers. The community called it 'public good' because the activities of the commercial developers were part of a larger project. The state said "Sure!", and the Supreme Court said "Well, it's up to the states to decide what 'public good' means.".

I don't think having a flexible and changing definition of what 'public good' is in the case of eminent domain is a good idea. I think that leads to a lot of corruption and bribery, and basically those with power being allowed to take the property of those who don't whenever they want to.

I'm really surprised the court arrived at this decision.

Current Mood: [mood icon] shocked

Comments:

[User Picture]
From:scottscidmore
Date:June 24th, 2005 12:14 am (UTC)
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Hey, we've got Trotskyites running the Pentagon, Red States (and we all know what Reds are about) electing the President and Congress. What do you expect in a pinko-country?

It is worrisome in that the case was in regards for taking property for use in private development, not a purely public works. But it's not as if it hasn't been done before (look for the 'Junior & the Texas Rangers' section near the end)

http://www.onlinejournal.com/Special_Reports/101404Mazza/101404mazza.html
(Reply) (Thread)
[User Picture]
From:scottscidmore
Date:June 24th, 2005 12:44 am (UTC)
(Link)
And it'ss not as if they've not been grabbing property before

http://abcnews.go.com/Health/wireStory?id=876136

(Reply) (Thread)
From:xhasanx
Date:June 24th, 2005 01:36 am (UTC)
(Link)
What in the complete fuck is wrong with this country
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