Quote:
Originally posted by LessinSF
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
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Except when you cut through all the hooplah, the HMB case wasn't about eminent domain. It was really only an inverse condemnation claim, no different than if the city's storm sewers flooded your rumpus room. The only difference is that this particular rumpus room was worth $36.7MM, and that when you tried to pump the water out in order to save the foosball table, the California Coastal Commission tut-tutted and said that red-legged frogs had moved into your shag carpeting, so no dice, your rumpus room is now "habitat," and not in a good 1970s way.
In retrospect, the analogy wound up more tortured than I'd planned, but still.
