High court to decide when cities can seize private land

[Judi Lynn]

Sept. 28, 2004, 8:34PM

High court to decide when cities can seize private land
Case involves town's plan to raze homes, businesses for riverfront hotel
By GINA HOLLAND
Associated Press

WASHINGTON - The Supreme Court agreed Tuesday to decide when local governments may seize people's homes and businesses against their will to make way for projects like shopping malls and hotel complexes that produce more tax revenue.

The court already has given governments broad power to take private property through eminent domain, provided the owner is given "just compensation." These situations often involve blighted neighborhoods.

But in recent years, more cities and towns have been accused of abusing their authority, razing nicer homes to make way for parking lots for casinos and other tax-producing businesses.

"If you own a home, if you own a small business, this could directly affect you," said Scott Bullock, senior attorney for the Institute for Justice, a Washington public interest law firm representing the landowners.

In agreeing to hear a Connecticut case early next year, justices will revisit an issue they last dealt with 20 years ago. The court unanimously ruled then that Hawaii could take land from owners of large properties and resell it to others, and determined that such decisions were best left to elected leaders.
(snip/...)

http://www.chron.com/cs/CDA/ssistory.mpl/nation/2820200
(Free registration required)

[izzie]

1. Does the court look at Malls as public good now?

Interesting. Used to be they took land for the people in parks or roads. I did not know they did it for business but for the deal Bush pulled for the baseball term and it's parking lot. I do know the SS has taking fishing in front of Bush's home in Kennebunkport off the fishing charts.I tend to like govt. for the people not the corp but then I am a Dem.

[annabanana]

3. "adds to the tax base" is the big excuse...

So ANY business is of greater "value" to the community than ANY private home....

corruption magnet

[izzie]

4. I guess you are right. Seems to be how it works now.

That was not the point but I am sure you know that as well as I do.

[Racenut20]

2. Apparently it is "public good" in Florida to

take Gulf front property from small business owners and let developers cover the beach with high dollar condos.

[ixion]

5. an, the next step in establishing 'Murika as the pinnacle of

Banana Republics. Nationalize the property, and give it to your buddies.

Smell like democracy? I don't think so.