Quote:
Originally posted by Greedy,Greedy,Greedy
You're back to absolutes.
I'm talking about a balancing test. If the call is close, I'd rule against emminent domain. I think the power should be used sparingly and with caution, because it impinges on other rights.
The government cannot demand whatever I have based on their willingness to pay me fair market value. I have no doubt that putting my Tom Seaver rookie card in a sports museum would have public benefit, but I do not believe government should be able to force me to do it. Do you?
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I was responding to club with that post, not you.
I agree that eminent domain should be used sparingly, and I suspect that it is, because property is expensive, and government budgets are the subject of much, um, attention.
On your Tom Seaver hypo, given your premises, I disagree: the government should be able to force you to do it, but must compensate you for it. I want to fight the premise that there is a public benefit, but it's your hypo. And I tend to think that any minimal public benefit will not exceed the government's cost to compensate you, suggesting that a rational government will not do that sort of thing.
Suppose that the government wants to have rail service between Middletown and Murphysville, and there's no rail line there now. In fact, all the property on the possible routes is owned by a variety of private parties. Suppose that the value of having a rail link is clear -- it's too short for air service, the roads are jammed, etc. And suppose that the government concludes that the most efficient way to get this line built and running is to let private companies bid to build, own and operate it. Is exercising the power of eminent domain in this case not permitted because the government is going to sell the land to a private party? Does the Constitution require the government to own and/or operate the rail line itself to get this done? Because that seems a little odd, and it seems particularly odd that anti-government, pro-privatization advocates like club would by the people forcing this principle on us.
