Mike Macgirvin
Diary and Other Rantings
   
Sunday, Sep 07 2008, 10:03 am
Jun 24, 2005
One of the most surprising supreme court decisions in recent
One of the most surprising supreme court decisions in recent memory is that your city can take your home away if somebody comes in claiming they can make more money for the city off of a business venture than they get in property taxes from you.

This decision is (in the final analysis) a new definition of city governments as business managers and facilitators (i.e. engaged in profitable enterprises) rather than public servants providing for the infrastructure needs of their citizens. Where once upon a time eminent domain was reserved for public parks, airports, roads, etc. - now it can be any commercial activity such as Wal-Mart or McDonalds.

Comments:

Joe (Derek Joe Tennant)
June 24, 2005 17:34
Joe
My first thoughts were exactly the same. Then I remembered that when the World Trade Center was being planned, NY was able to do this very thing on the basis that they wanted to be the world's financial leader, and needed the towers to do that. It went through the NY state Supreme Court, and the US Court refused to hear it at that time, so the precedent has stood at that level since then. I only mention it because it hasn't been much abused since then, not to say it won't happen in the future.

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