Re: Eminent domain is not my friend

Mike Stone wrote:
> "Danny Low" <danny.low@xxxxxxxxxxxxx> wrote in message
> news:l891c19b2lp5j69itjk4jvps6li42tq1mf@xxxxxxxxxx
> > On Fri, 24 Jun 2005 21:05:17 -0500, David Dyer-Bennet <dd-b@xxxxxxxx>
> > wrote:
> >
> > >That confuses me. If they in fact paid you the current market value
> > >of your unit, then you'd get quite a stack of money (after clearing
> > >the mortgage). And you should be able to use that as a downpayment on
> > >a comparable unit which, by the definition of "current market value",
> > >would cost the same amount, and hence leave the same amount to take
> > >out a mortgage for, which should have about the same payment (though
> > >mortgage rates change over time somewhat).
> >
> > The general flaw in this reasoning is no one is going to use eminent
> > domain on a neighborhood where the houses are among the most expensive
> > in the area. They are going to use it on the neighborhood with the
> > lowest value houses. This means that the owners cannot afford to move
> > anywhere else because everywhere else will be too expensive.
> >
>
> Exactly. It's another of these cases where a superficially even-handed law
> will in practice only ever work one way.
>
> Another example might be capital punishment. In theory, the death penalty
> could apply to any muderer, but in real life we all know that, whatever the
> law says, no millionaire is _ever_ going to walk down Death Row; only the
> poor.
>
> Still another case might be those literacy tests for votes which were once
> popular in the Old South. Again, these should theoretically have applied to
> Black and White alike, but practically - - "in your dreams mate". Everybody
> knew that in real life the test would only work angainst one race, and
> everybody knew _which_ one.
>
> Eminent Domain seems to fall into the same category. It's defenders can
> point to theoretical ways in which it could help ordinary folk rather than
> just certain fat cat developers, but in the real world we all know better -
> or should do.

Actually, while I disagree with the majority's decision in Kelo, I
think it was in some ways the more liberal justices' way of making
eminent domain more egalitarian; now the government could take
everyone's houses, not just slum dwellers'.

.

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