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If the Federal Government wanted to make a new planned city, would they be able to use Eminent Domain?
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this post was submitted on 05 Oct 2024
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I'm not an expert, but I did just listen to a podcast on this (which basically makes me an expert, right?)
I think yes, technically, legally the federal government could. 'Kelo v. City Of New London' ruled that purely economic development was a sufficient justification for using the takings power (eminent domain). The reaction by most states was to make their own laws limiting eminent domain powers so that the Kelo situation couldn't happen with the state government, but the federal government has never passed laws limiting its powers. Bills to limit federal power like S.1313 were introduced but never passed.
You also now qualify to to teach college in the state of Florida
They might be over-qualified, actually.
They're literate, so you are correct.
Link to podcast?
The Prosecutors: Legal Briefs, episode 117.
The show is hosted by two prosecutors, so in various episodes on criminal cases their opinions skew heavily pro-prosecutor, but when laying out facts like going through a SCOTUS case they tend to be more fact based and less opinion based, I have found.
Just finished listening and have to say that was incredibly bias and wilfully withholding discussion. The obvious other part to me is "just compensation", that's the right that is being provided in the amendment. But they never discuss that, they focus only on "public use" - which while can be discussed shouldn't be the only avenue of discussion. And they continually talk as if Kelo's property was taken without compensation. I know prosecutors are supposed to argue their case and ignore everything else, and that's what they did. That was certainly not an academic exercise to present and discuss all information. I certainly won't be subscribing to them.
They talked about just compensation, but the change and precedent provided by the Kelo case was in the lowering of the standard for taking. The case also set the precedent that the government could take private land not just for public use, but to transfer that land to another private party. Thus the focus on that. Compensation or not, the land was taken against the owner's will for the purpose of enriching a corporation.
If they covered compensation it was so brief (and lopsided) that I missed it. I think over half the point of that phrase of the amendment was about compensation. But all they said was take take take take private take private take. It was overwhelmingly horribly biased for what they wanted. IMHO take isn't even the right word because that implies taking without compensation, which there was. If you consider them balanced for scotus and biased for the rest, holy shit.
It is called the Takings Clause by
And when you read the whole thing, I think most of it is about compensation. And in common parlance in discussion when we use the term "take", well it means take. It doesn't mean take with compensation in common modern parlance. That's what I'm referring to. They discuss as if it's only taking. Really they need to remind and acknowledge at a regular basis that there is compensation. Like I said before, if they mentioned it at all, it was so brief and lopsided that I missed it.
I guess we won't agree, but I feel the need to call out horribly biased "discussion".
It is called the Takings Clause by the Supreme Court, Cornell Law, and pretty much anyone else who talks about it. Expect the word "take" in a discussion about it.
The clause itself uses the word "take". Taking with compensation is still taking.