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June 23, 2005

This is some bull shit

Seems like a pretty broad interpretation of "public use" to me. What if Bill Gates wants to tear down your house to add a new wing to his mansion? If what he builds would generate more property tax revenue than you currently pay, doesn't this ruling give the authority? I'd also bet the home owners don't consider fair market value as a just compensation either - given the expense of moving and searching for a new home. Either way, this ruling sucks in more ways than one.

The opening scene from Hitchhiker's Guide to the Galaxy comes to mind:

A divided Supreme Court ruled Thursday that local governments may seize people's homes and businesses against their will for private development in a decision anxiously awaited in communities where economic growth often is at war with individual property rights.

The 5-4 ruling — assailed by dissenting Justice Sandra Day O'Connor as handing "disproportionate influence and power" to the well-heeled in America — was a defeat for Connecticut residents whose homes are slated for destruction to make room for an office complex. They had argued that cities have no right to take their land except for projects with a clear public use, such as roads or schools, or to revitalize blighted areas.

As a result, cities now have wide power to bulldoze residences for projects such as shopping malls and hotel complexes in order to generate tax revenue.

From the same article:

"It's a little shocking to believe you can lose your home in this country," said resident Bill Von Winkle, who said he would refuse to leave his home, even if bulldozers showed up. "I won't be going anywhere. Not my house. This is definitely not the last word."

Scott Bullock, an attorney for the Institute for Justice representing the families, added: "A narrow majority of the court simply got the law wrong today and our Constitution and country will suffer as a result."

At issue was the scope of the Fifth Amendment, which allows governments to take private property through eminent domain if the land is for "public use."

Susette Kelo and several other homeowners in a working-class neighborhood in New London, Conn., filed suit after city officials announced plans to raze their homes for a riverfront hotel, health club and offices.

For the record:

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Hitchhiker's Guide to the Galaxy:

"The Hitchhiker's Guide to the Galaxy" tells the story of a perfectly ordinary human being from England called Arthur Dent. One morning, he finds himself lying in front of a huge yellow bulldozer because a man from the local council, called Prosser, is trying to drive a bypass through his house.

While Arthur is arguing with Prosser, his old friend Ford Prefect turns up, brings Arthur in a pub, and tells him that he's not from Guilford after all, but from a small planet in the vicinity of Betelgeuse! His real job is researcher for an odd book as popular as inacurate, "The hitch-hiker's guide to the galaxy". Even more important, the earth is going to be destroyed by the evil Vogons to build a hyperspace express route.

Posted by Mike at June 23, 2005 01:54 PM

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