In a 5-4 decision, the Supreme Court today ruled that cities could seize private land — homes and businesses — for private development:
As a result, cities have wide power to bulldoze residences for projects such as shopping malls and hotel complexes to generate tax revenue.
Local officials, not federal judges, know best in deciding whether a development project will benefit the community, justices said.
An interesting wrinkle: The city in question is New London, CT, site of the New London/Groton Submarine Base. This base is slated for closure, which will have a depressing effect on New London’s economy. How will this affect the commercial development at the center of this case?
In any case, I feel that this ruling is an incredible misreading of the public use clause (bold) of the Fifth Amendment:
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Since when has private commercial development been considered for “public use”? Public use means roads, bridges, schools — not malls and offices. And certainly not “tax revenue”.
In the past, I have looked to the Judiciary, and the Supreme Court in particular, as a bastion of sanity in our government — certainly in comparison to the Legislative and Executive branches. My faith in the institution has been badly shaken today.
Tags: eminent domain, stupidity