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Except that it's exactly the opposite of what you said, (although
the results are bad). The court refused to be activist and said that how Emminent Domain works in each State is up to that State and not a matter for the Federal government. Actually, the Supreme Court simply refused to make a blanket rule stating that "economic development" is never a "public purpose." They were being asked to interpret the "public purpose" clause in the Fifth Amendment to take away all discretion concerning "economic development" and, thank goodness, they refused to do so. It is up to local governments to make their own policies concerning eminent domain for economic development. So, just as it has been for over 200 years, it is up to citizens to participate in the process, not just bitch about what happens when they don't. |
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