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Old 08-16-2008, 06:02 PM  
SuzzyQ
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Join Date: Dec 2006
Location: Along the shore.
Posts: 1,557
Quote:
Originally Posted by baddog View Post
Really? Care to show an example of a private company claiming eminent domain and taking someone's property?

As Rochard stated, the government might for a freeway, but they have always paid more than the property was worth in the instances I have heard of.

I almost bought my first house that way.

Baddog,

Kelo v. City of New London, 545 U.S. 469 (2005)[1], was a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another to further economic development. The case arose from the condemnation by New London, Connecticut, of privately owned real property so that it could be used as part of a comprehensive redevelopment plan. The Court held in a 5-4 decision that the general benefits a community enjoyed from economic growth qualified such redevelopment plans as a permissible "public use" under the Takings Clause of the Fifth Amendment.

The decision was widely criticized by American politicians and the general public. Many members of the general public viewed the outcome as a gross violation of property rights and as a misinterpretation of the Fifth Amendment, the consequence of which would be to benefit large corporations at the expense of individual homeowners and local communities. Some in the legal profession construe the public's outrage as being directed not at the interpretation of legal principles involved in the case, but at the broad moral principles of the general outcome.[2]

http://en.wikipedia.org/wiki/Kelo_v._City_of_New_London
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