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baruz | 9 months ago

I remember that decision and am still indignant about it. Why should the government give private land to a different private party? If the government is going to take it for public use, I can see the reasoning, but using eminent domain to transfer to private owners is fraught.

discuss

order

alabastervlog|9 months ago

It was a terrible decision.

Not that those are rare.

[EDIT] To make this a little more substantive, on an issue where they extremely plausibly could have decided otherwise, they elected to go for the option that is plainly, guaranteed to be less-just. There is no universe in which anyone with a brain could believe the overwhelming result of this decision wouldn't be to benefit people with power and money at the expense of those without power and money.

RajT88|9 months ago

> the city's use of eminent domain was permissible under the Takings Clause, because the general benefits the community would enjoy from economic growth qualified as "public use"

Subjective decisions are bad, like we're seeing in other areas. "General benefits" can mean anything if you've got cooperative judges you crammed the courts with.

> Not that those are rare.

Heller comes to mind, even as a 2a supporter.