Eminent Domain by the Back Door By Thomas Bray
The Bear on Feb 28 2006 at 8:24 am | Filed under: Need to Know
State after state is rushing to bar government from “taking” private property for transfer to another private entity. It’s part of a populist firestorm triggered by the U.S. Supreme Court’s decision in a New London, Conn., case in which homeowners were ordered out of their houses in order to make way for a city-ordered redevelopment scheme.
But this could be only the opening shot. Tempers also are growing short over the use of “regulatory takings” – government-imposed rules that deprive owners of the full use of their property without compensation. Such takings, which amount to eminent domain by the back door, were in the spotlight at the Supreme Court last week, where oral argument took place on a pair of cases emanating from Michigan.
The first involves a Midland developer,
U.S. Supreme Court’s, regulatory takings, eminent domain
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