Quote:
Originally posted by Shape Shifter
I guess my view (as a matter of policy, not of law) is that takings should be severely limited. Your talking about massive disruption of many peoples' lives when you condemn a neighborhood. Also, FMV doesn't compensate for the emotional attachment people have for their homes, not to mention moving costs, etc. And I don't want the gov't taking my house to build the Monorail.
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OK, but none of that goes to the particular issue in
Kelo. If the decision had gone the other way, the government could still take your house to build the Monorail, but only if it was government-owned and operated. Penske will tell you that a privatized monorail would be
better and cheaper (spree: sound). And the
endowment effect tends to prevent government from taking people's property. I tend to agree that FMV isn't enough, but the remedy is to pass a law giving, e.g., 125% of FMV.
