Interesting case due for SCOTUS ruling next week

[tagryn]

Kelo v. City of New London

Basically, the city of New London CT seized land (inc. homes) under eminent domain, then turned around and sold the land to private developers. Kelo - the homeowers - are arguing that this is an abuse of municipalities' powers of E.D., while the city says that taking land to use for economic development which creates jobs and taxes for the community is serving the 'public good,' and therefore as valid as taking land for creating highways, etc.

This kind of economics-based use of E.D. isn't unknown - there was a fair amount of it going on during 'anti-blight' campaigns in urban areas during the '70s, for example - but the precedent set by the ruling has obvious implications for the local level.

Comments

[erikred.livejournal.com]

The mind utterly reels....

[elimloth.livejournal.com]

There are two terms: The highest and best use, and the greater good, each mean something utterly different than most lay people would expect. The first term refers to monetary value. Thus, the highest and best use of a forest is to log it to extract the highest monetary value from said forest; another example would be to raze an old home and replace it with a new more expensive home, condo complex or shopping center.
http://www.google.com/search?hl=en&lr=&safe=off&oi=defmore&q=define:highest+and+best+use

The greater good is often interpreted as the actions of a governing body acting on behalf of its constituency.
http://www.usatoday.com/news/opinion/2005-02-21-condemnation-oppose_x.htm

If a ruling favors the expanded definition of eminent domain, most properties will be in peril. There are many tracts of undeveloped lands privately owned to maintain their natural state. Will this ruling pierce those privately protected lands?
http://natureconservancy.com/