Instead of business having to give monetary incentives to working class neighborhoods if they want to develop, they can bribe government officials to declare emminent domain. Instead of a developer having to pay residents a good share of money to move (and people will almost always move if you offer them enough), the developers will be able to "convince" the beaurocrats to seize land at a price much cheaper than having to pay the ordinary joes. It is entirely un-American that land can be seized by the government for private use. Ayn Rand observed, "there is no such entity as 'the public,' since the public is merely a number of individuals . . . .the idea that 'the public interest' supersedes private interests and rights can have but one meaning: that the interests and rights of some individuals take precedence over the interests and rights of others."
Average liberals should take note who is actually supporting the little guy and maybe rethink that the real liberals-in-charge (socialist/communists) only use the mantra of "helping the unfortunate" to hoodwink people to furthur their ends. The decision to favour the "public benefit" over individual rights is right out of the Marxist playbook. Public benefit is not the same as public use. What could be considered a benefit to the public is so varying that any home could be seized at any time for any reason. However, the dissenters were the 4 of the more conservatives justices. The dominos will start falling quickly. Here, south of Houston, the mayor of Freeport is now going to use that ruiling to cease property for the development of a marina.
Justice John Paul Stevens wrote for the majority, "The city has carefully formulated a development plan that it believes will provide appreciable benefits to the community, including, but not limited to, new jobs and increased tax revenue." He was joined by Justices Kennedy, Souter, Ginsburg, and Breyer; Justice Kennedy penned a separate concurring opinion taking a somewhat narrower view of local government power than that found in Stevens' majority opinion.
Justice Sandra Day O'Connor wrote for the dissent, joined by Justices Rehnquist, Scalia, and Thomas; Justice O'Connor suggested that the use of this power in a reverse Robin Hood fashion--take from the poor, give to the rich--would become the norm, not the exception: "Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries
are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms."Thomas also penned a separate dissent, in which he argued that the precedents the court's decision relied upon were flawed. He accuses the majority of replacing the Fifth Amendment's "Public Use Clause" with a very different "public purpose" test: "This deferential shift in phraseology enables the Court to hold, against all common sense, that a costly urban-renewal project whose stated purpose is a vague promise of new jobs and increased tax revenue, but which is also suspiciously agreeable to the Pfizer Corporation, is for a 'public use.'...Losses will fall disproportionately on poor communities. Those communities are not only systematically less likely to put their lands to the highest and best social use, but are also the least politically powerful."