From Deseret News archives:
A bad court decision
Instead, today they take homes and businesses from hard-working taxpayers and give them to Wal-Mart or developers of trendy malls. And now, thanks to the court, that is as legal under the Constitution as taking property for a much-needed highway.
Fortunately, the court specifically acknowledged that its ruling still allows states to pass laws prohibiting the seizure of private property for economic development. Utah's lawmakers, who already have made good strides toward curtailing the power governments have over private property, should take this opportunity to expressly forbid the use of eminent domain except for genuine public uses, such as transportation needs.
We're guessing that few Americans, if faced with the raw facts of the case before the court, would have sided with the city of New London, Conn., the way the majority did. The city wanted to take advantage of a new Pfizer plant to create a modern retail, business and residential development along a waterfront. It succeeded in buying up much of the property in question, but a few property owners refused to sell.
At various times in Utah, property owners have held out against cities and counties and eventually won in state courts. But local governments continue to push for new and shinier developments to replace old ones, using the often dubious promise of economic development, which is supposed to help the entire municipality.
Private property rights long have been a bedrock of the U.S. system of government. Now, as Justice Sandra Day O'Connor put it in her scathing dissent, "Nothing is to prevent the state from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory."
Utah lawmakers now need to craft a firm law that makes sure property rights here are still pre-eminent.
Comments
- Rock on 9:00 p.m.
- Lobo land like home for BYU lineman 8:57 p.m.
- 3A soccer all-state first team 8:56 p.m.
- U. hopes to keep clicking 8:28 p.m.
- Steelers lead Broncos at halftime 8:13 p.m.
- Jazz win in N.Y. for 1st time since '04 8:02 p.m.
- Suns outlast 76ers, 119-115 7:51 p.m.
- Quilt auction aims to benefit lives 7:44 p.m.
- Eating fruit not a cause of weight gain 7:44 p.m.
- Wife and friend are too close 7:44 p.m.
- TCU showdown has big implications
- Seniors helped BYU regroup
- Lambert surprisingly tops news
- Hope for single moms
- Bystanders framed for child porn
- Korver and Miles to be evaluated
- Prep girls soccer MVPs named
- Utah Jazz Extra: Whose hot/not
- GOP blasts Matheson after vote
- Newhouse Hotel, an explosive end
- Gay advocates trek to LDS office
269 - House passes health care bill
225 - Lobo suspended
180 - TCU showdown has big implications
177 - Cougars crush hapless Cowboys
154 - Utah Jazz fall apart against Kings
131 - TCU 4th in AP poll; U. 16th, Y. 22nd
112 - Thousands protest health bill
111 - RSL rallies to advance
103 - No 'backlash' for pioneers, gays analogy
94
Ask any defense attorney or judge. Any first time offender who turns himself...
The power of these substances stuns me, because Scott is one of the finest...
He has a great show and good information. It's good to hear from some media...
So much said.... BUT, I REMEMBER watching this on TV!! I remember...
Hard to excuse another big lead lost against a lousy team, but in the end, a...
I'm republican, and all I can say is good job Matheson! I respect him.
The suggestion of a double standard is based on pure ignorance. I personally...
In the days before pepper spray and tazers, Cardall would have been...
As a band we realize this is a burden to the community but becuase our show...
Barely won the game. blew a 17 pt lead. Totally ridiculous why this team...


You can be the first to comment on this story.