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misskitty
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What is all this hubub about eminate domain and the Supreme Court?
misskitty said:What is all this hubub about eminate domain and the Supreme Court?
continued here... http://www.freestarmedia.com/hotellostliberty2.htmlCould a hotel be built on the land owned by Supreme Court Justice David H. Souter? A new ruling by the Supreme Court which was supported by Justice Souter himself itself might allow it. A private developer is seeking to use this very law to build a hotel on Souter's land.
Eminent domain is the power of the government to take private property for public use, as long as the owner is fairly compensated. This power is granted by the Fifth Amendment of the US Constitution.
In 2005, the Supreme Court ruled in Kelo v. City of New London that the government can use eminent domain to take private property for economic development purposes, even if it is not for traditional public use.
The controversial aspect of the ruling was the broad interpretation of "public use" and the potential for abuse by local governments and developers. This sparked a debate on the balance between private property rights and the government's power of eminent domain.
Yes, there have been multiple challenges to the Supreme Court's ruling, including proposed legislation and state constitutional amendments aimed at limiting the use of eminent domain for economic development purposes.
The ruling has made it easier for governments to use eminent domain for economic development purposes, but it has also led to increased scrutiny and public pressure on local governments to justify their use of this power. There have also been efforts to address the issue through legislation and other legal challenges.