SCOTUS to hear case on eminent domain


iconRU reader, Michael, points out that the Supreme Court is going to hear a case on eminent domain.

The Fifth Amendment of the U.S. Constitution states that no one shall "be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." Despite the Constitutional protection, local governments are seizing private property to give to private developers with increasing regularity. Their justification has been that by building a new Wal-Mart or high priced homes, local tax revenues increase. This, they say, satisifies the "public use" clause in the Constitution.

I can only hope that Supreme Court will uphold the Constitution, and find that these seizures do not constituted "public use". If that does fail, it may be time for drastic action. I've always felt that when the Consitutional protections provided by the other Amendments are no longer upheld, it's time for good old Amendment Two to kick in.



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