Offering constructive criticism to the social cripples in our midst since early 2005.

[Tyrone Slothrop]

Originally posted by Sidd Finch
I think any taking should be extremely limited, and I would not use a rational basis test for it.

I understand why one might mistrust legislative bodies in these situations, but there's really no reason to think that courts will do a good job of deciding on the merits of (e.g.) an economic redevelopment scheme or the engineering design of a highway. Legislatures do these things better.

A superior way, IMHO, to correct the incentives, would be to legislate that property owners are compensated at 125% (or 133%, or 150%) of fair market value.