Potentially HUGE Impact Story That DUers Missed (Eminent Domain-GOOD News)

[NashVegas]

This was just pointed out to me by some friends. It barely registered a blip nationally (something like 67 Google news links). And this is good news.

July 30 -

Michigan Supreme Court strikes down 1981 Poletown decision

DAVID EGGERT

Associated Press

DETROIT - The Michigan Supreme Court on Friday redefined the power of Michigan governments to take property for development projects, overruling a landmark 1981 decision and barring Wayne County from acquiring land for a 1,300-acre project near Detroit Metropolitan Airport.

On the court's final day of its term, all seven justices agreed that the earlier precedent should be overturned, though they differed on the reasons and whether the decision should be applied retroactively.

Justice Robert Young, who wrote the lead opinion, called the 1981 case allowing Detroit's Poletown neighborhood to be cleared for a General Motors Corp. plant a "radical departure from fundamental constitutional principles."

"We overrule Poletown," Young wrote, "in order to vindicate our Constitution, protect the people's property rights and preserve the legitimacy of the judicial branch as the expositor, not creator, of fundamental law."

http://www.montereyherald.com/mld/montereyherald/business/9285311.htm

more here:

http://reason.com/sullum/080604.shtml

Last month the court finally acknowledged that its ruling in Poletown Neighborhood Council v. City of Detroit was a mistake that opened the door to the potentially unlimited expropriation of private property in the name of the greater good. While considering an attempt by Wayne County to seize land for a 1,300-acre "business and technology park," the court's seven judges unanimously overruled the Poletown decision.

"Poletown's 'economic benefit' rationale would validate practically any exercise of the power of eminent domain on behalf of a private entity," the court noted. "If one's ownership of private property is forever subject to the government's determination that another private party would put one's land to better use, then the ownership of real property is perpetually threatened by the expansion plans of any large discount retailer, 'megastore,' or the like."

Think about the implications, for fighting Wal-Mart, etc.

[A_Possum]

1. Yeah, and for Bush's land grab in Arlington Texas

The one that made him rich, when he and his buddies got the taxpayers to pay for 1000 acres of family land around his new baseball stadium, and when the families fought it, Bushco created a public entity to condemn it for them.

Nasty.

[scarletwoman]

2. I agree, this is a very important ruling, and definitely good news.

However, I'm not quite sure that this was "missed" by DUers, since I already knew about this ruling and I'm thinking that I most likely read about it on DU -- since DU is by far my main source for news.

In any case, this ruling is certainly worthy of receiving wider attention, so I'm happy to see it posted -- or reposted as the case may be...

Good work, Crisco. :thumbsup:

sw

[NashVegas]

4. I Tried a Search on "Poletown"

In LBN, GD and Issues forums. Nada. Could have been posted without that, I guess. A RW friend brought it to my attn.

Out of all the crap we've had to read about for the last 3 years, seeing something like this is an anti-dote.

[scarletwoman]

6. Indeed -- good news is extremely rare.

Wherever it was that I first read about this, I remember feeling really quite amazed that something had occurred that was actually GOOD for the common man.

What a time this is -- we are so used to abuse and injustice at the hands of our governmental institutions that a court ruling that actually acknowledges and enforces what ought to be a given comes as a shock.

sw

[Sugarbleus]

3. This IS great news!! Thanks for bringing to our attention.. eom

[Pallas180]

5. WAHOO - some judges with decency and guts...that's how jr.

got the baseball field.... eminent domain - threw people off their land for his hobby and to make money for himself and as usual his buddies.


"(Such a )rationale would validate practically any exercise of the power of eminent domain on behalf of a private entity," the court noted. "If one's ownership of private property is forever subject to the government's determination that another private party would put one's land to better use, then the ownership of real property is perpetually threatened by the expansion plans of any large discount retailer, 'megastore,' or the like"

WAHOO.

[noonwitch]

13. The Michigan Supreme Court is a GOP dominated joke

They got one ruling right. The rest of their time is spent overturning jury awards on cases that Geoffrey Fieger won, and helping insurance companies screw us even more.

[enough]

7. Will this decision have any influence nationwide,

or only in Michigan? Anybody know?

[NashVegas]

8. The Reason Article Implies It Might

Because the original ruling was used as a basis elsewhere. It will depend on if people fighting this kind of development choose to try to introduce it, I'd guess.

[Pallas180]

10. Once a legal decision is made, it can be referred to in other cases,

in other states, if the other states or courts rule against it, it can go to that states' Court of Appeals, and if someone has the money
and the right lawyer, it can go to the Supreme Court.

Of course, I dont know that would be a good place for it to go -

[NashVegas]

9. kick for the morning crowd

kick

[truthspeaker]

11. we needed a decision like this in Minnesota

The city of Bloomington declared a successful car dealership "blighted" just so they could take the land and GIVE (not sell) it to Best Buy to build corporate headquarters.

Blighted=the owners are not bribing the right politicians

[noonwitch]

12. I hope GM has to pay the people it screwed, or their survivors

They were very sleazy when they built the Poletown plant. When all the neighborhood folks and a local priest fought the plant and refused to sell their houses, it was just amazing how suddenly houses started burning down in that area. And, this is a scandal that cuts across the political lines-big business (GM) colluded with Detroit mayor (Coleman Young, who I liked for some things, but not this), the mayor at the time of Hammtramk and the Archdiocese to get this plant, that never delivered the promised jobs and has never been at full production since it opened.

There's a movie out there about it called "Poletown Lives". I saw it at WMU when I was a student there. It's a doucmentary, narrated by Max Gail of "Barney Miller".