President Bush Blocks Federal Eminent Domain Abuses

[Wholly Goats]

Originally Posted by D. Scarlatti

Because that is textbook frivolousness, barely reasonable and purely designed for harassment.

Excuse me, but it was indeed frivolous, but eminently reasonable. Would not Justice Souter's home provide a greater public benefit as a hotel than as his private home? The same arguments apply here as to condemning private property in New London for the building of a shopping center. It was designed to make a point, and I think it made it quite well.

And when was the last time a public road was turned over to a private for-profit organization to raise revenue? Can you cite me a real example?

[D. Scarlatti]

Originally Posted by Wholly Goats

Excuse me, but it was indeed frivolous, but eminently reasonable.

But if it's reasonable, then it isn't frivolous.

Would not Justice Souter's home provide a greater public benefit as a hotel than as his private home?

I don't think so. It will be a far greater public benefit in a few decades when it's opened to the public as a memorial to Justice Souter's legacy. Future use is part of the eminent domain/public use calculus as well.

[Wholly Goats]

Originally Posted by D. Scarlatti

But if it's reasonable, then it isn't frivolous.

It was frivolous because I'm fairly sure that anyone who read the prospectus regarding the "Lost Liberty Hotel" would have known that it was done in jest. But that does not exclude it from the bounds of common sense...in other words, it was a potentially reasonable request, given the powers which the SCOTUS had assured with the Kelo decision.

And don't tell me one cannot make a valid point with humor, as you engage in it with some frequency.

I don't think so. It will be a far greater public benefit in a few decades when it's opened to the public as a memorial to Justice Souter's legacy. Future use is part of the eminent domain/public use calculus as well.

Whoa! And you think that as many people would pay good money to visit the home of some fusty old SCOTUS justice at some indefinite date in the future? Hell, I live in the PNW and I still have no idea where Justice Douglas' home is or whether they even offer tours. And I'm just an slightly better educated member of the non-legal professional masses. But a chance to rent a room in the "Lost Liberty Hotel"? Wacka! Even if the rubes didn't have a half a brain (like Lyin'Dan), they might still take the opportunity to pay good money to stay in a nice B&B type hotel in New Hampshire. Particularly if they had decent muffins at breakfast.

Your calculus sucks, Scarlatti. The future use as a fusty, musty old memorial to some obscure justice just doesn't rate with a booming B&B hotel. Get with the program, man!

[D. Scarlatti]

Originally Posted by Wholly Goats

Your calculus sucks, Scarlatti. The future use as a fusty, musty old memorial to some obscure justice just doesn't rate with a booming B&B hotel. Get with the program, man!

I can't tell whether you're being facetious or not, but the calculus is not mine, it's the Supreme Court's.

[Wholly Goats]

Originally Posted by D. Scarlatti

I can't tell whether you're being facetious or not, but the calculus is not mine, it's the Supreme Court's.

Then they've got an over-inflated sense of self-importance.

Not surprising, considering.

[D. Scarlatti]

Originally Posted by Wholly Goats

Then they've got an over-inflated sense of self-importance.

Not surprising, considering.

What sort of tests (not examples) would you propose to determine what is and isn't "public use"?

[Wholly Goats]

Ones that don't include the possibility of a private developer using a local government to condemn property, which is then turned over the to private developer to turn into a high-revenue stream, income-producing property for the developer/owner.

If the project is as lucrative and beneficial as the developer makes it out to be, there should be no need to utilize the eminent domain powers of a local government. They should just pay the existing property owners the market rate for their land and leave the local government to stiplulate all the necessary code requirements. Period.