Kelo v. New London, Still the Worst SCOTUS Decision EVER!

[Iason Ouabache]

http://online.wsj.com/article/SB10001424052748704402404574527513453636326.html

The Supreme Court's 2005 decision in Kelo v. City of New London stands as one of the worst in recent years, handing local governments carte blanche to seize private property in the name of economic development. Now, four years after that decision gave Susette Kelo's land to private developers for a project including a hotel and offices intended to enhance Pfizer Inc.'s nearby corporate facility, the pharmaceutical giant has announced it will close its research and development headquarters in New London, Connecticut.

The aftermath of Kelo is the latest example of the futility of using eminent domain as corporate welfare. While Ms. Kelo and her neighbors lost their homes, the city and the state spent some $78 million to bulldoze private property for high-end condos and other "desirable" elements. Instead, the wrecked and condemned neighborhood still stands vacant, without any of the touted tax benefits or job creation.

That's especially galling because the five Supreme Court Justices cited the development plan as a major factor in rationalizing their Kelo decision. Justice Anthony Kennedy called the plan "comprehensive," while Justice John Paul Stevens insisted that "The city has carefully formulated a development plan that it believes will provide appreciable benefits to the community, including, but not limited to, new jobs and increased tax revenue." So much for that.

Kelo's silver lining has been that it transformed eminent domain from an arcane government power into a major concern of voters who suddenly wonder if their own homes are at risk. According to the Institute for Justice, which represented Susette Kelo, 43 states have since passed laws that place limits and safeguards on eminent domain, giving property owners greater security in their homes. State courts have also held local development projects to a higher standard than what prevailed against the condemned neighborhood in New London.

If there is a lesson from Connecticut's misfortune, it is that economic development that relies on the strong arm of government will never be the kind to create sustainable growth.

[Bebek Sincap Ratatosk]

 

[fomenter]

scotus 

[Bebek Sincap Ratatosk]

I never got the concept of Imminent Domain. The first time I heard of it, I was about 2 years out of high school and the city told my mentor (a retired engineer) that they were taking his property and he had to move. Wayne had three garages, multiple semi trailers and a humse and basement full of ... stuff. I say stuff because I'm not sure how you quantify studio equipment, broadcasting equipment for radio and/or tv from three different decades, one of the swords from the Errol Flynn Robin Hood movie and lasers.

Anyway, they gave him 60 days and he found a piece of property about 2 miles away... then they found him dead, apparently dying while getting ready to disassemble the 80 ft tower we'd put up. Not their fault, but I think I got a bad imprint on the whole concept.

[fomenter]

its one of those one in a million things, once in a million instances it makes sense for the gov to eminent domain some property, the other nine hundred and ninety thousand nine hundred and ninety nine times it is evil shit being done by evil bastards

[Bebek Sincap Ratatosk]

its one of those one in a million things, once in a million instances it makes sense for the gov to eminent domain some property, the other nine hundred and ninety thousand nine hundred and ninety nine times it is evil shit being done by evil bastards

I guess I can see it in cases where a slum lord has a bunch of places that are one checkmark shy of condemned. Or maybe if not going through that property would cost $1,000,000,000 in rerouting a freeway around the property...

[The Good Reverend Roger]

Rat, what good impression could you possibly get?  It's armed robbery.  The fact that it's the local government doing it changes nothing.

[Bebek Sincap Ratatosk]

Rat, what good impression could you possibly get?  It's armed robbery.  The fact that it's the local government doing it changes nothing.

Well, I dunno... half the time I think I know something and you all show me fifty different points of view I hadn't considered before. Since Imminent Domain was tangently related to the death of a guy I considered a personal hero... I figured maybe my view was skewed.

Nice to know that you agree with me

[The Good Reverend Roger]

Rat, what good impression could you possibly get?  It's armed robbery.  The fact that it's the local government doing it changes nothing.

Well, I dunno... half the time I think I know something and you all show me fifty different points of view I hadn't considered before. Since Imminent Domain was tangently related to the death of a guy I considered a personal hero... I figured maybe my view was skewed.

Nice to know that you agree with me

Property is property.  What's mine is mine, and if you try to take it, I'll send you home with a rupture.  Or kill me.

[Bebek Sincap Ratatosk]

Rat, what good impression could you possibly get?  It's armed robbery.  The fact that it's the local government doing it changes nothing.

Well, I dunno... half the time I think I know something and you all show me fifty different points of view I hadn't considered before. Since Imminent Domain was tangently related to the death of a guy I considered a personal hero... I figured maybe my view was skewed.

Nice to know that you agree with me

Property is property.  What's mine is mine, and if you try to take it, I'll send you home with a rupture.  Or kill me.

Fuckin Criminal*!

*In the sense discussed earlier 

[Requia ☣]

I never got the concept of Imminent Domain. The first time I heard of it, I was about 2 years out of high school and the city told my mentor (a retired engineer) that they were taking his property and he had to move. Wayne had three garages, multiple semi trailers and a humse and basement full of ... stuff. I say stuff because I'm not sure how you quantify studio equipment, broadcasting equipment for radio and/or tv from three different decades, one of the swords from the Errol Flynn Robin Hood movie and lasers.

Anyway, they gave him 60 days and he found a piece of property about 2 miles away... then they found him dead, apparently dying while getting ready to disassemble the 80 ft tower we'd put up. Not their fault, but I think I got a bad imprint on the whole concept.

60 days? seriously?

It took my parents over a year to find a house, and another 6 months to get it in livable condition.

[Mesozoic Mister Nigel]

60 days is inhumane and completely unreasonable.

[Shai Hulud]

Sorry to hear about your friend Dr. RB.

If there is a lesson from Connecticut's misfortune, it is that economic development that relies on the strong arm of government will never be the kind to create sustainable growth.

I have some serious problems with this conclusion.  It's completely non sequitur, but I suppose it's fitting for the WSJ, as this eminent domain is suddenly a right wing talking point.

It's absurd to draw such a conclusion from the failure of this one instance.  Economic development that relies on the strong arm of the government can and does work on countless occasions.  Has this author never heard of the military industrial complex?  Moreover, there certainly wasn't going to be any kind of economic development in that property when it was an old residential neighborhood.

Eminent domain might be a question of right and wrong, but there is no question as to whether or not  Urban renewal does work, and eminent domain is an effective means of accomplishing it.  If there is a problem it's not with the government's ability to take property, which is a vital power of the government and a Constitutional one.  It's a problem with the kickbacks given to government officials to grease the wheels.  Eminent domain isn't the problem, it's corruption in government, and apparently in the WSJ too.

[The Good Reverend Roger]

Rat, what good impression could you possibly get?  It's armed robbery.  The fact that it's the local government doing it changes nothing.

Well, I dunno... half the time I think I know something and you all show me fifty different points of view I hadn't considered before. Since Imminent Domain was tangently related to the death of a guy I considered a personal hero... I figured maybe my view was skewed.

Nice to know that you agree with me

Property is property.  What's mine is mine, and if you try to take it, I'll send you home with a rupture.  Or kill me.

Fuckin Criminal*!

*In the sense discussed earlier  

You know it.  Being a good citizen only works in a good society.

[Cainad (dec.)]

Rat, what good impression could you possibly get?  It's armed robbery.  The fact that it's the local government doing it changes nothing.

Well, I dunno... half the time I think I know something and you all show me fifty different points of view I hadn't considered before. Since Imminent Domain was tangently related to the death of a guy I considered a personal hero... I figured maybe my view was skewed.

Nice to know that you agree with me

"Eminent" domain. Imminant domain would be real estate hanging menacingly over your head.


</fucking pedant>