Kelo v. New London
With five days to go before the Supreme Court hears what is arguably the most important property rights case in recent history, it’s worth noting that over 30 municipalities filed friend of the court briefs in support of taking private property from owners to turn over to private developers.
February 17th, 2005 at 1:41 pm
You maybe expected these governments to file Amicus briefs in favor of limiting their power?
February 17th, 2005 at 7:40 pm
I predict complete capitulation to municipalities and developers by the SCOTUS. I predict Scalia, whom I view as the best writer on the court, will write an uncharacteristically murky decision and completely avoid the question of what is meant by “public good” (as opposed to “public use”).
I’ll save him from embarrassment in perpetuity.
Public Good is defined as:
1. A result that is inarguably beneficial to every member of the community. Meaning:
a) Every member of the community could benefit from the result. This does not mean they will necessarily avail themselves of that benefit.
b) The benefit is real, not speculative or conditioned on events that are not within the control of the municipality.
2) The benefit must outweigh the net negative impacts to the community.
It’s clear that by this definition, highway construction might qualify as public good. So might the construction of a inspection and decontamination facility for containers coming into a city. It’s also clear that “economic development” would almost never qualify as there are no guarantees of benefit, and many members of the community don’t stand a chance in hell of reaping any rewards whatsoever.
February 18th, 2005 at 1:33 pm
Hope they don’t bypass public use though i suspect they’ll use use and good interchangeably.