Current Events — HabitableZone

Current Events » in reply to CNN: "High court OKs personal property seizures"

The power of imminent domain...
Donald — (archived)

...is a constitutional practice that has existed since the founding of the republic. Given the vote split, this case probably reaches the bright line of when acquiring private property for a public purpose is or is not constitutional.

All the case really says it the practice of imminent domain to assemble property for local redevelopment purposes is constitutional. It does not speak to whether or not the city fathers of New London are exercising good judgement in doing so. I tend to think not, but that's up to New London voters to decide.

In one respect, this is a "states rights" case. Municipalities are creatures of state government - that's where they derive their powers from. And what this decision says is that its not up to the federal judiciary to second-guess the exercise of state rights afforded them under the constitution...so long as due process is followed, the exercise of immiment domain for these types of purposes is constitutional.

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