Saturday, January 09, 2010


Avaricious developers and governments twist the meaning of 'blight'
...The Constitution says that government may not take private property other than for a "public use." By "public," the Framers, who did not scatter adjectives carelessly, meant uses -- roads, bridges, parks, public buildings -- directly owned or primarily used by the general public. In 1954, however, in a case concerning a crime- and infectious-disease-ridden section of Washington, D.C., the court expanded the notion of "public use" to include removing "blight."

Since then, that term, untethered from serious social dangers, has become elastic in the service of avarice. In 2005, the court held, 5 to 4, that New London, Conn., could take the property of a middle-class neighborhood and transfer it to a corporate developer who would pay more taxes to the city government than the evicted homeowners had paid. Justice Sandra Day O'Connor, dissenting, warned that the consequences of the decision would "not be random." The beneficiaries would be people "with disproportionate influence and power in the political process." ...