[lbo-talk] eminent domain

Marvin Gandall marvgandall at videotron.ca
Sat Feb 25 11:06:59 PST 2006


I may have missed it, but has a single specific instance of the exercise of eminent domain been cited where those alleged to be unconditionally in favour of the principle have disagreed with those alleged to be unequivocally against it? That would bring the differences down from 36,000 feet to the ground, where I suspect the differences are not as wide as they are being made out to be.

In particular, is there disagreement with respect to the Supreme Court ruling in Kelo which upheld the right of expropriation and which sparked this discussion? The court majority comprised justices John Paul Stevens, Stephen Breyer, Ruth Bader Ginsburg, David Souter and Anthony Kennedy. Chief Justice William Rehnquist and justices Antonin Scalia, Clarence Thomas, joined Sandra Day O'Connor in a dissent supporting Kelo and the homeowners against the city. ----------------------------------------------

Nathan Newman:


> As I've said, I'm all for reforms to end abuses of eminent domain --
> banning political contributors from receiving any land from eminent
> domain, requiring all eminent domain decisions to be put to votes by
> elected leaders, and so on -- but the fight RIGHT NOW is over these state
> laws to strip cities of home rule powers altogether over most uses of
> eminent domain.
>
> The fact that you are talking about this stuff in the abstract and not
> paying attention to the concrete goals and legislative details of these
> battles reflects who is flying at 36,000 feet.

Doug Henwood:


> Why do you think I support that? Did I ever suggest that for a second? In
> NewmanWorld, one is either a hardcore union loyalist or a rightwing enemy
> of the working class; one is either a supporter of the right of noble
> hardworking communities to do urban planning or of nefarious corporate
> interests trying to take that right away from them.



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