Quote:
Originally posted by Mmmm, Burger (C.J.)
you've got part of me. It was rightly decided, in light of Midkiff. Midkiff, which I haven't considered since law school, is an abomination. Even more of one than Kelo. Pure transfer under the guise of "public use". If you can do that, there really are no limits to the takings clause.
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I don't know that case, but I think the result in
Kelo is the right one. It seems silly to say that a "public use" is only one where the government owns and manages the property going forward. Rational-basis review applies to other laws that legislatures pass. I agree that compensation may not suffice as a practical matter, so let's pass a law to hike it.
