Friday, June 24, 2005

Taking for “Public Use”

I’ve been thinking about how best to take advantage of yesterday’s Supreme Court Ruling. It seems to me the majority of 5 left open the definition of “public use” and exactly how governmental bodies can apply the doctrine – man I hate writing like this, makes me sound like a lawyer.

Anyhow, I started thinking about just how far one can take the ruling without running afoul of the spirit or letter of the law and realized that the ruling cannot be confined to commercial use only. Here are a couple of scenarios that might work.

1. I win the lottery and, although I don’t want to move, I want a bigger and better house. That being the case I decide the best thing for me to do is convince the city council to “take” my adjacent neighbors’ homes and sell them to me so I can build a huge mansion that will command more in taxes than the total of the homes that currently occupy the properties.

2. How about if I go into a neighborhood looking for a new house and don’t find what I want, but I do find a home that is of lower value than the homes around it. I approach the owner with an offer to buy the property and am rebuffed. What other option do I have than to go to the city council and tell them of my plan to purchase the property and rehab so it has a value commensurate with it’s neighbors. I ask them to condemn the property so I can buy it from them and move ahead with my plan.

What a great country.

What a great day for those who believe the Constitution is a “living breathing document.”

What a great day for lovers of Socialism.

What a great day for those who wish to do away with private property rights.

What a sad, sad day for the rest of us.

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