Saturday, June 25, 2005
 
Can State Laws Prevent Eminent Domain Abuse?
Some bloggers think that restrictive state statutes might prevent eminent domain abuse. Like Owen at Boots and Sabers:
    As this ruling states, "for more than a century," the high court has favored "affording legislatures broad latitude in determining what public needs justify the use of the takings power."
That a nice hope. I'll dash it with two words: interstate commerce.

Because believe you me that the first time the City of Podunk wants to hand a nationwide company a set of tract homes and small businesses so it can build a plant or office complex but cannot because the state has restricted it, some cabal of coporate lawyers are gonna shriek that the state's laws restrict interstate commerce.

Dustbury also wrestles with this. I hope I've helped settle the question, although it's not the answer any citizen of this country should enjoy.


- posted by Brian J. @ 3:48 PM
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