Current Events — HabitableZone

Current Events » in reply to Let me see if I understand you...

an amicus curiae contribution.........
Publius — (archived)

When you say, "The idea that private property can be taken from one private individual for another's benefit certainly doesn't date back to the writing of the Constitution" you are correct.

It predates it in English Common Law, which is predated by Judaic cannon and referenced as the Jubilee. Your Instapundit (and law professor) Glenn Reynolds notation refers to transfer of property by legislative action.

The exercise of Eminent Domain is a judicial exercise and the transfer of property is not from A to B, but rather from A to the governmental or quasi-governmental authority, which may then (acting as surogate for the people) work out a transfer, long term lease, or what have you to B.

As an example of this exercise you might note most of the US Post Office property in this country are now owned by private investors and leased to the General Services Administration. In some cases the property was taken by GSA in condemnation, but in most it was purchased and then re-sold to the investor that had the best bid for long-term leasing of the facilty to the Post Office.

And please don't be left with the impression that property can be taken without restraint by those with the power of Eminent Domain. The process is pretty stringent and subject to many public hearings and every step of the journey is subject to court challenge.

I hope this helps in your understanding.

Publius

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