Thursday, June 30, 2005

More (and More...and More) on Eminent Domain

I am always amazed and somewhat chagrined when a media frenzy takes hold on a particular issue. But in the case of the Supreme Court's ruling on eminent domain, it isn't just the media that's gone into a frenzy, but all the political pundits out there as well. Reasoned discussion, logic, and facts often go right out the window during such frenzies, as people whip themselves into a lather trying to get one up on the last guy who commented.

It takes some careful looking around to get a more balanced view of things, and that's what is needed on this topic.

One that I've found was with Margaret Warner of PBS's NewsHour on June 24. Her guests were Bart Peterson, mayor of Indianapolis and vice-president of the National League of Cities; and John Norquist, former mayor of Milwaukee and president of the Congress for New Urbanism.

As I've read and listen to commentators recently, you can get the distinct impression that the Court created a new right of eminent domain for economic development purposes with this ruling that did not exist before, and that all homeowners now need to fear the indiscriminate taking of their homes for a shopping mall or Wal-Mart. But the court primarily left standing a power long exercised by local government.

As Bart Peterson put it on NewsHour, "...the Supreme Court didn't produce any new rights or didn't order any new rights, didn't expand any new rights for cities. All it really did was affirm the status quo. These are powers that cities all across America have had already and the Supreme Court simply said that they were not going to restrict those powers."

So if this power has long existed, why now, just because the High Court affirmed this power, will we see a sudden rush to egregious takings of homes and property to hand over to rich developers? Wouldn't past history argue that by and large, states and locals have been exercising this power with appropriate restraint and caution?

Peterson continues, "...I don't think we have to fear that cities are suddenly going to rush out and try to condemn anything. It's used sparingly and it's used sparingly because it's unpopular. Nobody really wants to use the power of eminent domain but it's essential as a tool to be able to revitalize depressed communities all across America."

And the court made it clear that states have the power to define and restrict this power as they deem it appropriate. Again, from Peterson, "...we'll see some states review their laws and see whether they think they're restrictive enough or whether they want to add anything... . But I really think that state and local government officials are...smarter than John gives us credit for."
The entire transcript is worth the read. You'll also see John Norquist's arguments against the ruling and why he thinks its bad. By the way, I caught a bit of Radio West today on KUER, where they had Andres Duany on, who is the "godfather" of New Urbanism. He supported the ruling, saying that in the redevelopment of our aging and deteriorating communities, sometimes the use of this power is necessary. Anyway, read the Margaret Warner interview here.


At 12:37 AM, Blogger Marketing man said...

Hi, you have a great blog here! If you are interested, go see my client email marketing newsletter through related site. It isnt anything special but you may still find something of interest.

At 12:47 PM, Blogger Me!! said...

Search this thing - it is hilarious how people cant even spell right when they are selling something on eBay

At 9:43 AM, Blogger hailts said...

Misspelled auction search engine. Great bargains to be found

Great site -

At 9:49 PM, Blogger answer-man said...

ps I'm having a little trouble sending comments so if I do it twice please excuse me and I apologize.

At 2:04 AM, Blogger James Baker said...

I was searching blogs,and I found your site.Please,
accept my congratulations for your excellent work!
If you have a moment, please visit my site:
credit center
It pretty much covers credit center related issues.
Have a good day!

At 3:16 PM, Anonymous Anonymous said...

free rental parking advertisement

At 9:49 PM, Anonymous Anonymous said...
Classifieds for our community. Buy, sell, trade, date, events... post anything. Adquity Classifieds.

At 1:35 PM, Anonymous Anonymous said...
Classifieds for our community. Buy, sell, trade, date, events... post anything. Adquity Classifieds.

At 3:28 PM, Anonymous Anonymous said...
Classifieds for our community. Buy, sell, trade, date, events... post anything. Adquity Classifieds.

At 2:47 PM, Anonymous Anonymous said...
Classifieds for our community. Buy, sell, trade, date, events... post anything. Adquity Classifieds.

At 6:31 AM, Anonymous Anonymous said...

Pretty good info. I have a cheap domain registration
articles site. It pretty much covers everything I know about ##KEYWORD##.

Check it out sometime if you can.

At 7:49 PM, Blogger oakleyses said...

replica watches, ugg boots, michael kors outlet, nike outlet, polo outlet, christian louboutin outlet, louis vuitton, christian louboutin shoes, oakley sunglasses, michael kors outlet online, nike air max, michael kors outlet online, tiffany and co, gucci handbags, jordan shoes, louis vuitton, nike air max, ray ban sunglasses, longchamp outlet, ugg boots, ray ban sunglasses, christian louboutin uk, uggs outlet, oakley sunglasses wholesale, uggs outlet, michael kors outlet, oakley sunglasses, cheap oakley sunglasses, polo ralph lauren outlet online, longchamp outlet, replica watches, nike free, longchamp outlet, michael kors outlet online, uggs on sale, michael kors outlet online, prada handbags, louis vuitton outlet, ray ban sunglasses, burberry outlet, chanel handbags, christian louboutin, tiffany jewelry, louis vuitton outlet, tory burch outlet, prada outlet, kate spade outlet

At 7:51 PM, Blogger oakleyses said...

true religion outlet, hollister uk, nike roshe, coach outlet store online, oakley pas cher, polo lacoste, nike free run, true religion jeans, mulberry uk, ray ban pas cher, burberry pas cher, michael kors, ralph lauren uk, air max, hollister pas cher, north face, polo ralph lauren, michael kors, hogan outlet, nike blazer pas cher, coach purses, converse pas cher, nike air max uk, nike air max uk, longchamp pas cher, nike free uk, abercrombie and fitch uk, true religion outlet, nike air max, kate spade, ray ban uk, new balance, north face uk, lululemon canada, guess pas cher, vans pas cher, sac longchamp pas cher, michael kors pas cher, michael kors outlet, jordan pas cher, true religion outlet, sac vanessa bruno, sac hermes, nike air force, timberland pas cher, coach outlet, nike tn, louboutin pas cher, replica handbags, nike roshe run uk

At 7:52 PM, Blogger oakleyses said...

longchamp uk, wedding dresses, ghd hair, bottega veneta, nike trainers uk, timberland boots, chi flat iron, ralph lauren, vans outlet, lululemon, mcm handbags, nike roshe run, mont blanc pens, nfl jerseys, north face outlet, p90x workout, iphone 5s cases, giuseppe zanotti outlet, nike air max, insanity workout, louboutin, reebok outlet, hollister clothing, asics running shoes, instyler, jimmy choo outlet, mac cosmetics, valentino shoes, iphone cases, s6 case, hollister, abercrombie and fitch, beats by dre, iphone 6 plus cases, iphone 6s plus cases, ipad cases, iphone 6 cases, oakley, soccer shoes, ferragamo shoes, soccer jerseys, nike huaraches, north face outlet, babyliss, celine handbags, hermes belt, baseball bats, herve leger, iphone 6s cases, new balance shoes

At 7:54 PM, Blogger oakleyses said...

ugg,ugg australia,ugg italia, moncler, pandora charms, toms shoes, gucci, montre pas cher, ugg pas cher, ugg uk, moncler uk, swarovski crystal, moncler, swarovski, canada goose outlet, nike air max, hollister, ugg,uggs,uggs canada, louis vuitton, vans, coach outlet, louis vuitton, hollister, canada goose outlet, moncler, ugg, ray ban, juicy couture outlet, wedding dresses, supra shoes, doudoune moncler, converse outlet, moncler outlet, converse, louis vuitton, pandora jewelry, moncler, canada goose outlet, marc jacobs, links of london, moncler outlet, louis vuitton, barbour uk, karen millen uk, canada goose, replica watches, canada goose, canada goose uk, pandora jewelry, louis vuitton, juicy couture outlet, pandora uk, barbour, canada goose, thomas sabo


Post a Comment

<< Home