The majority, while agreeing that takings for purely private purposes (taking from A and giving to B) are prohibited, "public use" should be broadly interpreted to include "public benefits". Furthermore, full deference should be given to local legislatures to determine if "public benefits" will be produced by the project. The Court refuses to be the arbiter of whether those benefits are reasonable to equate to a "public use" and as long as takings are done pursuant to reasonable redevelopment plans conducted by local authorities, they constitute public use.
Justices O'Connor and Thomas dissent. O'Connor says the court's decision opens the door to takings when local officials decide that any existing use can be made more profitable. This extends beyond eliminating blight. Both O'Connor and Thomas state that the Court, while refusing to be the gatekeeper in deciding whether these "public benefits" will actually accrue, contradicts itself and has to become the arbiter because it (Court majority) raised the specter of suspicious takings for purely private use masquerading in the guise of producing "public benefits." How can one know unless there is a test, which the Court refused to consider? The answer, they leave it to the local legislature and authorities. Thomas takes issue with this and says should the Court abandon its duty and allow legislatures to decide when a home can be searched. Thomas also calls for a strict reading of the Constitution in terms of "public use" and sees it as a limitation on the government's power and not giving it a special right. If "public benefits" were intended by the Founers, Thomas indicates that they would have used a term like "General Welfare" as they did elsewhere. No, he states, they meant the actual USE by the government or the public. Thomas also goes further that this opens the door to local "redevelopment" and urban renewal which has historically fell more heavily on the poor and minorities. Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/AsburyPark/ <*> To unsubscribe from this group, send an email to: [EMAIL PROTECTED] <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/