Research eminent domain |

Research eminent domain

The case (a letterwriter) is referring to in his letter (“Activist Judges”, Feb. 24) is Kelo v. New London, where the city used eminent domain to condemn privately owned real property so that it could be used as part of a comprehensive redevelopment plan. The issue here is that property would then be in the hands of another private owner, not the city of New London. The Court held that “the city’s proposed disposition of this property qualifies as a ‘public use’ within the meaning of the Takings Clause of the Fifth Amendment.”

The majority opinions, which sided with the city of New London, were written by Justices Stevens, Kennedy, Souter, Ginsburg and Breyer, whose opinions seem to indicate that the constitution is a living document. The dissenting opinions in favor of the land owner, Kelo, were written by Justices Rehnquist, Scalia, Thomas and O’Connor, whose opinions have tended to support the constitution as it was written.

Now, (letterwriter,) you are certainly entitled to your opinion, but I would suggest that before spouting off your hated of all things right-wing, do a little homework and find out if the facts support it.

David Arstein

Penn Valley

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