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Given their earlier decisions, this isn't so radical of an extension. In fact, it might not be an extension at all... municipalities can use eminent domain to g
by mbreese 13y ago
Given their earlier decisions, this isn't so radical of an extension. In fact, it might not be an extension at all... municipalities can use eminent domain to give land to private companies if it is in the economic interest of the city.
- hga 13y agoI should clarify, it's not so radical an extension of current eminent domain law, to wit Kelo as you and lisper note. But I'm judging it's enough of a radical extension from the base Constitution they won't make that leap with their current makeup. Which is an iffy opinion, on, I suppose, Justice Kennedy's opinion, who I don't know that well, and I would not be surprised to be proven wrong. Note this is in part due to the fact that there's a lot more than "public use" at stake, e.g. the whole profitability of the deal depends on there being a difference between the price paid to the bank and a price of the new mortgage. The losers are more sympathetic than small time landowners, and the big winner is another "banker"/eeeevil Wall Street type firm (see the Naked Capitalism posting).