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Location: Jonquil City (aka Smyrna) Georgia- by Atlanta
16,259 posts, read 24,763,471 times
Reputation: 3587
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They went all the way to the Supreme Court and the Court effectively took away the last vestige of property rights ruling that the government has the right to take away your property and give it to somebody else for any reason that they wish.
They took Kelo's property to give it to a developer for condos and shops. And what did the developer do? Well he went out of business. And there sits the land on which dozens of people who did not want to move- were forced to vacate. Nothing but overgrown weeds and rotting structures!
Kelo was probably the worst Supreme Court decision of the last dacade or so. I was at a MD Municipal League convention right after the ruling came down and it was the talk of people there. Of course there was the group, including me, who could see the absolute probability of abuse and the other group that was salivating over the implicatons. That was just the elected officials. The developers were just going crazy.
Of course, the MD Legislature took it up in the next session to enact safeguards, but those never got out of Committee (no surprise since so many of the members are real estate attornies) and the push kind of went away.
A side note, I predicted that developer in the case would never complete the project.
Specifically prohibit the taking of private property to give to another private entity for the purpose of economic development or enhanced tax revenue.
Limit the use and ownership of property taken by eminent domain to either the state or the public at large
Require new entities seeking the power of eminent domain to be approved by a two-thirds vote of the Legislature
Require condemnation for urban blight to address each particular property
I actually think eminent domain is a good thing and a tool the government sometimes needs. Yes, it can be abused (and courts have been quick to strike down eminent domain abuse) but it's hard to see most of the recent urban renewal projects in the US going ahead without eminent domain.
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