Thursday, June 23, 2005

Supreme Court Strikes Again

Maybe I will feel differently after reading the entire decision, but the so-called "liberal" members of the Court (and I use that appellation very loosely) seem to have opened the door to this premise: any time anyone finds a use for land that would create more jobs and more taxes than the current use, the government can "take" it under the Fifth Amendment. This would require of course, that the government pay fair market value, but it effectively transfers all land-use power to the economic developers and away from more community-minded uses (such low-value uses, for example, as parks, open spaces, and apartment buildings).

As an advocate for the rights of communities, I am not so much concerned about the rights of poor, put-upon property owners. They can fend for themselves.

But I am concerned about what our already besieged communities will look like after Wal-Mart, Marriott, and Blockbuster video have convinced cities and burghs across the country that strip malls and hotels should replace homes, parks, homeless shelters, schools, and other public services in prime locations near city centers, beaches, lakes, and public transportation hubs.

Where will we all go when the apartment buildings are shut down? It boggles the mind.

2 Comments:

Blogger bda said...

DC is happy about it so they can kick out all the gay strip clubs to build the new stadium:

http://www.washingtonpost.com/wp-dyn/content/article/2005/06/07/AR2005060702056.html

Just like O'Connor predicted.

10:46 AM  
Anonymous Anonymous said...

Excellent, love it! » » »

1:32 PM  

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