Tuesday, September 28, 2004

Will the Supremes Reign In Eminent Domain

It used to be that if your property was safe from appropriation by any government (state, local, or federal) unless 1) you were paid for the taking and 2) the taking was necessary for the public good. You know, to build school, a hospital, or a hyperspace bypass. Important things. Lately, local governments have been using the power of eminent domain to take land from one group of people (usually home owners) and give it to another (usually business owners) in the name of "economic development." This has understandably pissed quite a few people off and the courts have seen many challenges to this process.

Finally, the U.S. Supreme Court is stepping into the fray by agreeing to review a case from the Supreme Court of Connecticut. The state court held 4-3 that it was proper for a town to take some homes on the waterfront to clear the way for a commercial development, to include a riverfront hotel, health club, and offices. The court concluded that the promise of increased tax revenues from the development justified the taking.

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