Michael Hohmann wrote:   cash-strapped cities and towns are using eminent
domain to force people out of their homes to make way for casinos, condos,
and shopping malls.

 

Bill Cullen Responds:

 

I am thoroughly confused as to what the Supreme Court thought they would
achieve with this ruling.  They seem to have changed the threshold from
“public use” to “public purpose.”  This small change in wording has a huge
impact.  “Use” had always been defined as for parks, roads, schools, and
other useful government functions.  “Purpose” can be defined as simply
creating jobs or increasing property taxes.  It is very broad!

 

The supreme court mentioned something about how states should define what is
right when it comes to taking private property.  This is confusing (to me)
as the constitution provides guidance that the supreme court ignored
(although the dissent talked about it!).

 

While this is a huge decision, Minneapolis and St. Paul have been doing this
for years.  A dear friend of mine, that works for St. Paul PED, said they
were very careful as the case law is not clear about what is legal and what
is not.  This decision will provide some of that clarity, and government is
likely to get more aggressive.  Money for projects is readily available via
Tax Increment Financing, Section 42 tax credits, CPED and other avenues.

 

In a few years many homeowners in Minneapolis and St. Paul may experience
what Keith Reitman is experiencing now.  Too bad few worry about the attack
Keith is fighting right now:  HYPERLINK
"http://www.mnforum.org/pipermail/mpls/2005-June/042205.html"http://www.mnfo
rum.org/pipermail/mpls/2005-June/042205.html.

 

This is huge and this is frightening.

 

Regards, Bill Cullen

Whittier Landlord.


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