My heart just FELL when I saw this....this isnt what
I considered emminent domain.....
as for the 5th Amendment takings clause, I had done some research in the past regarding community property rights and takings and I thought there had to be a "nexus?" Any real estate attorneys out there?
What bothers me is that poor towns will now be targeted by rich developers to provide land for developments all in the name of the almighty "tax dollar"
Dont get me wrong, I do think there are instances where community needs outweigh individual needs (such as one neighbor blighting an entire neighborhood by his actions i.e. cutting down a stand of trees in a heavily forested neighborhood and ruining the aesthetics of the rest of the parcels)
but in New London, these were old Victorian homes on waterfront property that had been in some of the families for generations
What is GOING ON in our Courts? If anything is bound to get Joe Public up in arms it is the breaching of the ingrained attitude about personal property rights. Maybe its time our Judges WERE recalled/impeached or whatever one does with a lifetime appointed monkey...
here are some takings law links:
article
another article
cases
here is the "nexus" case:
Dolan v. City of Tigard 512 U.S. 374 (1994)
Issues: The court further defined the nexus required between the impact of a development project and mitigating conditions. It held that the essential nexus test also requires "rough proportionality," therefore, making it the agencies burden to show it has not required more dedication of land than is necessary.