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Reply #221: You are right in that the local government decides [View All]

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McSpazitron Donating Member (20 posts) Send PM | Profile | Ignore Thu Jun-23-05 12:55 PM
Response to Reply #212
221. You are right in that the local government decides
what is "public use".

And that's the heart of the matter as far as the US Supreme Court was concerned - it's within the local (and state) government's right to define "public use" or Eminent Domain.

All the Supreme Court did was step out of the matter. They made no ruling on the merits of New London's actions or the challenges to those actions by the property owners. And in that, they did the right thing.

Look, I disagree with the municipalty's actions as much as anyone - but it's not the role of the Supreme Court to get involved in this issue beyond determining whether the actions of the municipality are within the guidelines of the constitution. And the 5th amendment gives them (the municipality) that power.

I do, however, disagree with your "10 cents on the dollar" statement. The value and comensation will be determined with as much due process as any other matter. The municipality cannot just state what they will pay - they must pay what a judge tells them is fair value (as I am sure the issue of just compensation will also hit the courts).
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