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Sotomayor's confirmation likely to shrink property rights
Made popular 1874 days ago in
Her appointment could further shrink the property rights of homeowners and small businesses, says law professor Ilya Somin in an editorial. Somin says that Sotomayor takes the Supreme Court's controversial 5-to-4 Kelo decision, which allowed homes to be seized for the benefit of developers, and expands it beyond even what the Supreme Court intended:
"In 1999 the village of Port Chester, N.Y., established a 'redevelopment area,' giving designated developer Gregg Wasser a virtual blank check to condemn property within the area. When local property owners Bart Didden and Dominick Bologna sought a permit to build a CVS pharmacy in the area, Wasser demanded that they pay him $800,000 or give him a 50 percent partnership interest in the store, threatening to have their land condemned if they said no. They refused, and a day later the village condemned their property. Didden and Bologna challenged the condemnation on the ground that it was not for a "public use," as the Constitution's Fifth Amendment requires. Their argument was simple and compelling: Extortion for the benefit of a private party is not a public use. In a short, cursory opinion, Sotomayor's panel upheld the condemnation."
Leading law professor Richard Epstein has also expressed concern about Sotomayor's ruling and how it could be used by government officials and politically-connected people to effectively seize property from the politically-powerless.
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Will Sotomayor's confirmation shrink property rights?
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1873 days ago
Though I disagree with her findings in this case. But she ruled in favor of Big Business.
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a Victim of Lawfare
Made popular 15 days ago
Is this about law or about politics?
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