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Old 06-23-2005, 04:32 PM   #25
CPNE
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Join Date: Dec 1999
Location: NH
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Exactly jtminton. The decision was an interpretation of the fifth amendment of the Constitution not a political Blue vs Red debate. Here's what the majority said about their interpretation:

Quote:
The majority endorsed the view that local governments are better placed than federal courts to decide whether development projects serve a public purpose and will benefit the community, justifying the acquisition of land through eminent domain. In his opinion, Stevens wrote that "for more than a century," the high court has favored "affording legislatures broad latitude in determining what public needs justify the use of the takings power."

New London officials "were not confronted with the need to remove blight in the Fort Trumbull area, but their determination that the area was sufficiently distressed to justify a program of economic rejuvenation is entitled to our deference," Stevens wrote. "The City has carefully formulated an economic development plan that it believes will provide appreciable benefits to the community, including--but by no means limited to--new jobs and increased tax revenue."

Stevens added that "because that plan unquestionably serves a public purpose, the takings challenged here satisfy the public use requirement of the Fifth Amendment."
And here's the dissenting opinions view:

Quote:
In a strongly worded dissenting opinion, O'Connor wrote that the majority's decision overturns a long-held principle that eminent domain cannot be used simply to transfer property from one private owner to another.

"Today the Court abandons this long-held, basic limitation on government power," she wrote. "Under the banner of economic development, all private property is now vulnerable to being taken and transferred to another private owner, so long as it might be upgraded -- i.e., given to an owner who will use it in a way that the legislature deems more beneficial to the public -- in the process."

The effect of the decision, O'Connor said, "is to wash out any distinction between private and public use of property -- and thereby effectively to delete the words "for public use" from the Takings Clause of the Fifth Amendment."
And I agree this opens up a whole can of worms. Since control of these projects is mostly local, I suggest you all pay attention to you local elections and zoning boards. That's where the power is to abuse this decision.
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Currently on or near the homestead:

67 Chevy SWB 2WD stepside 350/3 on tree (Pat's)
67 GMC SWB 2WD Fleet 402/auto (Brian's under construction)
67 Chevy 3/4 ton 2WD 402/auto (Business Hauler)
67 Chevy 1 ton dually 2WD 396/4 speed (Former business hauler, Needs TLC)
68 Chevy 1/2 ton Suburban 2WD 250 six/3 on tree (Brian's Needs TLC)
70 Chevy 3/4 ton 4WD 350/4 speed (Pat's - Disguised as a 68 GMC)
71 Chevy SWB stepside (Crushed by tree - parts donor)
72 Chevy 3/4 ton 4WD (Parts donor)
72 Chevy 3/4 ton 4WD Suburban (Parts Donor)
72 GMC 3/4 ton 4WD 292 six/4 speed (Mine - Disguised as a 67 GMC)
81 GMC 4WD Dually Dump Body 350/4 speed (Business Hauler)
82 Camaro Z/28 355/Super T-10 (Pat's toy)
93 Caprice 9C1 (Brian's Cop Car)
02 Toyota Camry (Reliable but a souless steel and plastic hulk)
2011 2SS RS Camaro M6 Factory Hurst Shifter

Maybe I need to sell some of this crap

Yet another Bozo with a sawz-all
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