(no subject)

[artic-monkeys.livejournal.com]

Howdy,


Have you guys seen  any of this
  in Davis Square?  (Click here)

Could this help? (Click here)
 

Comments

[jadelennox]

What a terrifying precedent, even though the particular story cracks me up. What if the next town over decides to take Planned Parenthood's land? The gay neighboorhood's?

That SCOTUS ruling was the only time I've ever sided with Clarence Thomas.

[ron_newman]

I don't see anything terrifying. The California town was exercising the democratic desires of its population, against an out-of-state corporation. Localism is good.

[foxalbers.livejournal.com]

I'd be terrifying if the California town was exercising the democratic desires of its population to bulldoze your house to put up a Walmart. You'd be surprised how many people would throw you to the curb just to buy a pound of cashews for $2.48 and a six pack of socks for $1.27.

Eminent domain should be used as sparingly as possible, at least in my opinion, because the concept seems distinctly un-American.

[ron_newman]

That's why I made the distinction of "against an out-of-state corporation". Corporations do not deserve the same unfettered property rights as residents.

[jadelennox]

But legally corporations do have those rights, since 1886, according to Santa Clara County v. Southern Pacific Railroad. My point is that it's all well and good that in this particular case a town has used this SCOTUS decision in a way you and I agree with. But it sets a precedent of behaviour for the completely legal and supported by the SCOTUS potential of Somerville deciding that a Wal-Mart would be better for the town than the Diesel and enacting eminent domain accordingly. This is why Kelo was so frightening.

Again, I hate to side with Clarence Thomas, but his Kelo dissent is well worth reading.

Wal-Mart could have been stopped by zoning laws, rather than by something which smacks damn near of theft and is meant to be used in a condition of last resort. Eminent domain has historically been used as a weapon against the poor and against minorities. Been to Charles River Park lately?

I can be gleeful that a bad law is being used by the good guys, while still fearful of what it means for the future.

[foxalbers.livejournal.com]

Or worse yet, maybe Somerville could bulldoze Diesel just to allow Jimmy Tingle the ability to expand.

[chumbolly.livejournal.com]

What if the out-of-state corporation was a progressive company that supported, say, domestic partnership benefits, and the local community was, say, Topeka, Kansas? Sometimes, majoritarianism is a good thing, and sometimes, majorities suck.