Hey, Crazy Freeper have you read Kelo? rikki's assessment of what it did is correct.

The land your house is sitting on is the product of some government taking it from a private individual or group of private individuals in order to hand it to someone else. It is impossible to prove otherwise as contrary to what you were taught in school: North America was full of people (some estimates range up to 50 million) before Europeans showed up. Kelo was just an affirmation of US History and implicit in a lot of what it did was a realization that over turning eminent domain opens up a whole slew of indigenous rights to land arguments. I find it funny how SHOCKED ever one seems to be about Kelo, when it was nothing more than the affirmation of the status quo in American land-use history.

The Supreme Court didn't think it was irrelevant. The Kelo ruling set clear limits on the use of eminent domain for development projects. I'd say the use of eminent domain for building a stadium is more abusive than what New London did, particularly since it benefits a private entity that is known beforehand, as opposed to benefiting a private entity who submits the winning bid afterward.

The Constitution allows the government to take land in exchange for fair compensation. A taking is only unfair if the compensation is inadequate or the public decision-making process is subverted.

Goert, wealthy people use government to do things they cannot do all the time. OJ Simpson got away with murder. The case you referenced is absolutely an example of eminent domain abuse, and I hope as much as you those people can afford to fight it. Our legal system favors the wealthy. It is possible, routine even, for wealthy interests to bluff their way to victory with no viable legal strategy other than to simply outspend and outlast the poor schmoes who wind up in their path.

There are numerous cases of eminent domain abuse, and people lose their homes and land because they simply lack the resources to fight. The first step is always a corrupt government beholden to the wealthy interest. I'm sure the developer in the case you cited donated the maximum amount to the campaigns of the various office holders who permitted his abusive scheme to proceed.

Don't mistake what the wealthy get away with for what is right and what is legal.

Bubba, you are correct that the South Knox waterfront plan presents the possibility of the city using eminent domain. That threat existed during the Market Square redevelopment process as well. The public planning process will hopefully preclude any need to exercise that power. Many options exist for homeowners who might need assistance sprucing up their houses, and the general rise in property values will give them borrowing power they lacked before the planning started. The process could spawn a holdout who simply opts to be stubborn over a swath of right-of-way. Given how things have gone so far and the people involved, I seriously doubt anyone will be hauled off in a caneback chair or found dangling from the rafters the morning the bulldozers arrive.

I'm on the south waterfront oversight committee. We are a long way from finished with the vision component of the plan, much less the action component. But here is what I expect will happen wrt public and private property:

There will be no wholesale use of ED to assemble blocks of property for private development, especially where there is existing residential. That doesn't represent good planning, the public won't stand for it, City Council won't stand for it, the City can't afford it, and Bill Haslam wants to get re-elected.

There will be some property identified as appropriate for City acquisition (for a new park, for example). I expect most of it will be existing industrial or vacant land along the waterfront. Eminent domain might be used in isolated cases to acquire some of that.

In other words, I expect ED will be used in isolated cases to purchase single, targeted tracts. I am absolutely confident it won't be used in a wholesale way, nor to assemble tracts for private developers.

If I'm wrong, I will be the very first person camped outside Bill Haslam's office screaming to high heaven.