In a 5-4 decision against property rights, the Supreme Court has changed what the words “public use”
mean. Justice John Paul Stevens writing for the majority with the usual
suspects and Justice Anthony Kennedy said the magic words: “new jobs
and increased tax revenue.” Now nobody is safe if the city deems a more
valuable purpose for their property. Stevens said the benefits of the
development were “by no means limited to” jobs and taxes, leaving room
for cities to take land and give tax breaks to companies locating on
the land.
Justice Sandra Day O’Connor apparently lost the coin
flip with Kennedy and wrote the minority opininion: “Any property may
now be taken for the benefit of another private party,
but…beneficiaries are likely to be those citizens with
disproportionate influence and power in the political process.”
Thanks again to Paul Messino.
