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The taking clause aka the "Just Compensation " Clause
The relevant part of the 5th amendment reads "nor shall private property be taken for public use, without just compensation" .
I first started commenting about it here in 2008 when SCOTUS passed the ridiculous Kelo vs New London decision. The City of New London took over private property ;not to build roads ,parks or other things usually considered "public use" . They transferred the property to a private interest because it was part of the city's master plan for redevelopment. SCOTUS ruled that the city's plan qualified as "public use" Does the majority rule in the USA? I called it a terrible decision then and still believe it today. Under the plan the area would be redeveloped revitalizing the city ;create a thousand jobs ;bring tax revenue yada yada . NONE OF THAT HAPPENED . (if you want to watch a movie of Susette Kilo's battle to save her home watch 'Little Pink House ') SCOTUS will have a chance to revisit this horrible decision. NY is the battlefield Mohawk Valley Health System built a hospital in Utica NY . That set up an eminent domain fight. A developer purchased a plumbing company's property and planned to convert it to office space near a hospital. But another developer has a different plan .They want to use it for parking for a medical office they are building near the hospital.
The State Court of Appeals has ruled that the Oneida County Industrial Development Agency has the right to take the building from Bowers Development, through eminent domain.
That scenario has the property ultimately going to Central Utica Builders for parking for the new medical office building they built across from Wynn Hospital, and that just opened on Monday. So they are permitted according to the State to take private land from one developer and give it to a competitor . This case is making it's way through the court system I think SCOTUS should ultimately take the case and use it as an opportunity to repeal Kilo |
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