Quote:
Originally posted by sebastian_dangerfield
The SCOTUS standard that the taking must be for local community betterment is easily met. Any scumbag planning board can decide a development is in the "community interest."
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You don't seem to be talking about Kennedy's concurrence, which specifically addresses the circumstances in which a local government looks like it's acting at the behest of a specific private party. Kennedy lists reasons why those concerns did not apply here. I think I quoted those paragraphs of his decision a few days ago. Since the decision was 5-4, I think it's safe to say that his concurrence can't be ignored.
If local governments are making bad decisions, the remedy is to elect better local governments, not to interpret the Constitution to prevent them from acting at all.
