[lbo-talk] When is private property NOT?

[Nathan Newman]

----- Original Message ----- 
From: "Doug Henwood" <dhenwood at panix.com>
>>So the land is being taken for public ownership, which should satisfy even 
>>"public use" fundamentalists, unless eminent domain is illegitimate even 
>>if any part of such land is leased to any private company.
>
> How is fundamentally different from a thousand other schemes in which 
> "public" planning authorities promote private development of land? Here we 
> have a public authority promoting private development as well - do we 
> really know to what end?

That goes to the merits of a particular development, whcih should be debated 
during elections.  The question is what is the legal standard for allowing 
unelected judges appointed by the President to override local land use 
decisions.

Any time eminent domain is used, people are required to receive the market 
value of the property and nothing in the recent decision stops them from 
going to court if they feel they did not receive the proper ammount.  What 
is being contested is after they receive the market value, can they contest 
the decision because they personally don't like what the elected officials 
are doing with the property.

Should property owners have a right denied to the rest of the population to 
go to court to block such decisions?

-- Nathan Newman