July 19, 2007

Eminent Domain Victory in Missouri

By Eminent Domain Victory in Missouri

Gideon Kanner has news of a victory for property owners in a state that is particularly bad when it comes to eminent domain for redevelopment. Here is the court's decision.

Kanner writes,

So what we have here is another right-to-take case from a state supreme court, and another rejection of the Kelo anything-goes approach.  So far, Illinois, Michigan, Ohio, Oklahoma and South Carolina have rejected the Kelo approach of taking at face value whatever the condemnor-municipality offers as evidence, even when that "evidence" can only be said to bear a rational relation to the conceivable. In the Show-Me state it will take more than that.

The US Supreme Court's majority now stands effectively isolated from the mainstream of American judicial thought on the right to take.

(Read the rest…)

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