Eminent domain, eminent nonsense - The Washington Times: Commentary - October 12, 2004
Here's an unusual conservative take on the pending USSC case of http://www.jud.state.ct.us/external/supapp/Cases/AROcr/CR268/268cr152.pdf Kelo v. City of New London (link is to the 79 page opinion of the Connecticut Supreme Court that is under review by the USSC). This is a major land use case that deals with whether a municipality can use eminent domain to take private property, with compensation, for a "public use" that consists of increasing the taxable value of the land. For example, can the city use condemnation to take property from middle class owners to sell it to a commercial developer? They do it all the time with poor people, says the article I linked to above--why not with the middle class? But property rights advocates are supporting Kelo, saying that this is a violation of the 5th Amendment takings clause because increasing taxable value is not a "public use." Fascinating case.