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re: House across from Walk On's in Zachary

Posted on 12/4/23 at 9:24 pm to
Posted by Finch
Member since Jun 2015
3208 posts
Posted on 12/4/23 at 9:24 pm to
quote:

Why didn’t they use eminent domain to get his house?


You can’t use that for a private for profit venture
Posted by zippyputt
Member since Jul 2005
5818 posts
Posted on 12/4/23 at 10:27 pm to
Yes you can if it benefits the “public good” in some way. That’s the whole point of the Kelo decision.

quote:

one of the most controversial property rights decisions in the history of the Supreme Court. Although the Fifth Amendment only permits the taking of private property for "public use," the Court ruled that the transfer of condemned land to private parties for "economic development" is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. Building on earlier decisions such as Berman v. Parker (1954), a closely divided 5-4 majority ruled that virtually any potential benefit to the public qualifies as a "public use."


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