Don't have the cite yet, but just reading up on a decision from the Michigan Supreme Court. Seems that the rights of property owners are making a comeback. The MSC overruled a previous decision that was used throughout the nation in government takings cases (the Poletown case). The new ruling holds that government may not take property from one private owner and give it to another purely for the purpose of economic development. Yea! I'm all for economic development, but taking property from one and giving to another in this fashion and for these reasons smacks of socialism. Developing.....
This is interesting, because recently here in Cincinnati, a common pleas judge ruled that the City of Norwood could condemn some homes though eminent domain, even though they were not blighted, to allow expansion of an upscale shopping center. Guess we'e not on the cutting edge down here.
ReplyDeleteI'd be interested to know the case law that provided the basis for the common pleas court's decision. Wonder if there's any mention of the Poletown case?
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