A blow to the emminent domain ruling?

Morrigoon · 06-23-2006, 03:11 PM

Sounds good. Basically taking away the "it'll increase the tax base" argument for eminent domain. However, it may make it more difficult to gentrify bad neighborhoods (but hey, poor people need to live somewhere too)

Prudence · 06-23-2006, 04:11 PM

Quote:

Originally Posted by Morrigoon

Sounds good. Basically taking away the "it'll increase the tax base" argument for eminent domain. However, it may make it more difficult to gentrify bad neighborhoods (but hey, poor people need to live somewhere too)

Could possibly squeak that in under one of the exclusions:

"(d) preventing or mitigating a harmful use of land that constitutes a threat to public health, safety, or the environment;"

Not saying the argument would fly, just that it's possible.

I won't be satisfied until there's clear evidence that the criteria of public use, not mere public benefit, will be required and judicially enforced.

Alex · 06-23-2006, 04:59 PM

Since none of the eminent domain instances that have created such an uproar recently were federal, I don't see a proscription on federal instances as much changing the landscape.

That said, where the instances in which the federal government would want to do this are created by regulatory rule then it would have some power. However, if Congress were to legislate on a specific use then the authority of the president to prevent it would be highly questionable.

Further, it specifically allows the purpose for which most federal eminent domain uses of the last 50 years have occured: national parks, forests, etc., and regulation related protecting species, waterways, and general environment.

So unless there is something I'm not seeing it is an executive order than doesn't really do much (it certainly wouldn't have stopped the famous SC last year).

06-23-2006, 03:11 PM	#1
Morrigoon I throw stones at houses Join Date: Jan 2005 Location: Location: Location Posts: 9,534	Sounds good. Basically taking away the "it'll increase the tax base" argument for eminent domain. However, it may make it more difficult to gentrify bad neighborhoods (but hey, poor people need to live somewhere too) __________________ http://bash.org/?top "It is useless for sheep to pass a resolution in favor of vegetarianism while wolves remain of a different opinion." -- William Randolph Inge
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06-23-2006, 04:59 PM	#3
Alex . Join Date: Feb 2005 Posts: 13,354	Since none of the eminent domain instances that have created such an uproar recently were federal, I don't see a proscription on federal instances as much changing the landscape. That said, where the instances in which the federal government would want to do this are created by regulatory rule then it would have some power. However, if Congress were to legislate on a specific use then the authority of the president to prevent it would be highly questionable. Further, it specifically allows the purpose for which most federal eminent domain uses of the last 50 years have occured: national parks, forests, etc., and regulation related protecting species, waterways, and general environment. So unless there is something I'm not seeing it is an executive order than doesn't really do much (it certainly wouldn't have stopped the famous SC last year).
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