Friday, October 15, 2004

"We overturn Poletown."

Not exactly breaking news, but worth noting: the 1981 Poletown decision, in which the Michigan Supreme Court allowed a municipal government to use the power of eminent domain to seize an entire neighborhood of private dwellings and businesses and hand it over to a politically-connected business, and in doing so paved the way for a flood of similar schemes across the nation, is no more. (See also here and here. Text of decision here.)

Historical background, with some information about the pernicious effects of the Poletown precedent, here. As I understand it, the Hathcock ruling requires that eminent domain be used only when the intended use of the land is for public USE, not for the private benefit of some politically-connected real estate developer or corporation that speciously asserts that their personal profit is somehow connected to the "public interest" by way of vague promises of "economic development" or "increased tax revenue."

Good riddance to bad legal rubbish.

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