Thursday, June 23, 2005

Eminent Domain

In a poorly considered decision, the Supreme Court ruled that local town officials know best about how to develop a community and can seize and re-zone residential property as they see fit.

John Paul Stevens, Anthony Kennedy, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer thought this was a good idea. Sandra Day O'Conner, William H. Rehnquist, Antonin Scalia and Clarence Thomas dissented.

The hold-out problem in zoning is a real one, but I think the regulatory capture problem is worse. I guess the majority felt otherwise.


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