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.
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