Wednesday, February 23, 2005

Is the Property Really Mine?

Should the government be able to take away your property and pay you what it considers just compensation for the purpose of giving your property to others who would put in their own company's developement? What if it is for the benefit of the community at large and would bring in tax dollars or create more jobs? Some say that they should be able to if it is for the common good, and claim that it is a right of the government protected by the U.S. Constitution. This problem is coming up before the Supreme Court this week.

What exactly does the Constitution say? The Fifth ammedment says, along with protecting criminals' rights: "nor shall private property be taken for public use, without just compensation." The key phrase there is "public use". If I am interpreting the that correctly, the Constitution does not say that the government's right to emminent domain does not mean that it can take away private property and people's homes to give it to someone else to develop into a sports stadium, casino, more upscale development, resort, store, or the like. If the private companies wish to own your land, they should approach you directly with an offer, not have the government take it from you by force.

I hope that the Supreme Court makes the right decision on the case. It could have long reaching effects on other property suits and protect private owners from the whims of the government and other, richer developers.

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