Quote:
Originally posted by Atticus Grinch
Got me thinking that the Emancipation Proclamation was one hell of a regulatory taking. Puts Kelo v. City of New London into a new light -- freeing the slaves was just a taking for private benefit, when it comes down to it. Vote Paul for market-based freedom!
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You are right. Freeing the slaves was for "public use." (Or disuse.) And, as much as you may dislike the idea, it was a taking of property under the Fifth Amendment as property was legally defined and accepted at the time.
Kelo is an abortion on the "public use" debate, but at least it affirmed that governments (and the morons who make up their city councils) have to pay just compensation for a taking, even as minimally described the Supes, and they should consider that fact and consequences when they act. See, e.g.,
http://www.sfgate.com/cgi-bin/articl.../MNFETSC0H.DTL
