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Originally Posted by Happy Monkey
 For once I'm with Scalia and Thomas... |
When I first saw the report on Yahoo I thought the same thing. This is a developer's wet dream.
The justices said that under the 5th Amendment, property could be taken -
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Amendment V
nor shall private property be taken for public use, without just compensation.
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However, the definition of 'public' can be stretched. This isn't just a new issue. Most of the 'superblocks' in Manhattan are built on condemned buildings, and the new buildings are private property.
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At least eight states — Arkansas, Florida, Illinois, Kentucky, Maine, Montana, South Carolina and Washington — forbid the use of eminent domain for economic development unless it is to eliminate blight. Other states either expressly allow a taking for private economic purposes or have not spoken clearly to the question.
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Well, now we know where to move to.
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