- Joined
- 14 April 2004
- Messages
- 31
White92 said:
I'm a CA attorney, and I agree this does completely suck. I never really liked the idea of Eminent Domain in the first place, because of the fear that it would happen to me. But there's 3 things involved here.
The government has always had the power to do this and the fact that this is a "commercial" purpose is irrelevant. The Constitution says a "public good" and the courts have always broadly interpreted that. Roads, schools and airports are the most common public goods, but Commerce is a public good as well. Creating jobs and revitalizing is a public good. Now we, the public don't have to like it and that's fine. That's why we vote the the local, state and federal legislatures that make these decisions. Don't like it? Fine, wait a few years and vote the usurping idiots out of office. But don't blame the Court on this one, they're merely following the Law and Precedent in this one.
Second, as iterated above, think of the economic impact to a fiscally bleeding community. Construction workers (the first ones to suffer during recessions), tax revenue, employees of the new stores. Not to mention the civic impact of having a town center-like place. Being a community that has somewhere to go and hang out, shop, eat... all this is important.
Lastly, those evicted are being compensated. It's not like they're being ousted. They're being paid fair value for their worthless piece of land. And statistics show that they usually get above fair market price if they leave at the right time after creating public uproars like this. I wish my local government would Eminent Domain my place. I'd file a class action suit to enjoin the proposal, raise up their offering price, then take it. Believe me, you're always dealing with deep pockets if they're asserting Eminent Domain.
Now, I know many argue that it's the principle of the matter and that the government shouldn't kick you out of your home. Land ownership has social-historic-political significance. Anyone who says that is BS'ing all of us. No matter what land you own, there's a price that you'll give it up for. Which ultimately comes down to $$$. I promise you, these people who filed suit, they just wanted more money. Which is fine with me. Hey, get as much for what you own. Just don't go around saying that the King of England is kicking me out of my home. And don't tell me Big Business is in bed with my government, conspiring against the average Joe. Business always benefits from government, but so do the people. That whole community benefits from this construction. A few people are kicked out, but hey... that's eminent domain for you. Don't like it? Call your local Congressman and have him change the 5th Amendment.
