FallbrookFarmer
Platinum Member
The Kelo decision could be, and was, well argued either way. I will grant you that is a good indication of government heavy-handedness. It was not decided as I would have liked, but I can see the arguments have some validity. The public vs private requirement is not so important to me as the rights of the property owner; she was not creating any harm or hazard in her current use.
If a large commercial area develops through growth and it becomes necessary for the 'good of the public' to expand or redesign the streets and highways to accomodate the resulting traffic, we don't think it is so odd to 'take' property needed to accomplish that. So, the 'taking' was really to accomodate a private interest - to make it more convenient to work or do business in that developed area. The general public benefits, but only as a secondary result. The real causation and beneficiaries are the commercial enterprises. That isn't so very different conceptually from the situation in Kelo. Of course in Kelo, nothing existed and still doesn'tPublic and private is a murky line.
I cannot agree that we should allow the market to determine the 'best and highest' use of property. I think it is admirable you renovate distressed properties and you rightly should be be compensated. That isn't changing the 'use' of the property however. So, that doesn't support your argument.
If you tear the house down and put in an off track betting parlor and few slots, you would make money too, probably more. That would be an example of a 'higher' use that does change it from current use (residential housing). I don't think that would belong in the original neighborhood, and zoning is what keeps it from happening.
Dave.
I'm curious as to your statement that it isn't important to you that the "taking" of the property from a private citizen
can be for a public or private use.
So if a private citizen has a house, but a finding by a local government, shows that they can maximize their tax base by bringing in one of those evil corporations that will produce more revenue, thats okay?
Because that is basically what happened in Kelo, the village of New London Conn, decided that by designating the area in question "blighted" then let a major corporation have the property, by using its eminent domain powers( The real argument, was not that the Village had eminent domain powers to take a piece of property for a PUBLIC use, but that they could take it and use it for a PRIVATE use.
Again, are you okay with that?