Eminent Domain
July 10, 2005 – 4:31 amGovernments most commonly use the power of eminent domain when the acquisition of real property is necessary for the completion of a public project such as a road, and the owner of the required property is unwilling to negotiate a price for its sale. In many jurisdictions the power of eminent domain is tempered with a right that just compensation be made for the appropriation.
The U. S. Supreme Court recently ruled that it is also permissible for the governement to take private property under eminent domain to provide the property for use by a private developer.
Isn’t it interesting that loggers can be prevented from cutting trees if it disrupts an owl’s home but now the government can take your house to build a Walmart? It might be time to call your congressman.
2 Responses to “Eminent Domain”
There is a definitive “stench from the bench” on this one! Didn’t we have a revolution over issues just like this back about 1776? I bet the Founding Fathers are doing somersaults in their graves over this one.
The ironically hilarious post script to this is that a private developer has filed an Eminent Domain petition on Justice Stevens’ (who penned the court’s majority opinion on this case) summer home in New Hampshire – all for the betterment of the community, of course. I wonder how he feels about that?
Five of the nine have managed to just stand the Constitution on its head. What’s next? A reenactment of the Tea Tax?
By R DOT on Jul 11, 2005
There is a definitive “stench from the bench” on this one! Didn’t we have a revolution over issues just like this back about 1776? I bet the Founding Fathers are doing somersaults in their graves over this one.
The ironically hilarious post script to this is that a private developer has filed an Eminent Domain petition on Justice Stevens’ (who penned the court’s majority opinion on this case) summer home in New Hampshire – all for the betterment of the community, of course. I wonder how he feels about that?
Five of the nine have managed to just stand the Constitution on its head. What’s next? A reenactment of the Tea Tax?
By R DOT on Jul 11, 2005