The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Part XV: Taking Private Property for Public Use
An Introduction To Constitutional Law Video Library: Pennsylvania Coal Co. v. Mahon (1922), Penn Central Transportation Company v. New York (1978), Kelo v. City of New London (2005)
What Is a Taking?
⚖️ Pennsylvania Coal Co. v. Mahon (1922)
⚖️ Penn Central Transportation Company v. New York (1978)
⚖️ Kelo v. City of New London (2005)
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I’m just a simple country Doctor, but……….
Isn’t “Taking Private Property” just another word for stealing?
Frank
I had this debate about 30 years ago, when the City of Detroit was seizing houses and an old factory to give it to one of the Big 3 (this was not the Poletown incident, but same thing) My cuz’s gay bf, as liberal as it gets, was in full-throated support of it. It didn’t make sense.
Why would the party of championing the little guy, the poor, be in favor of wrecking the poor’s houses?
When I figured it out, I started formulating an early version of my Fundamental Theorem of Government. The “poor” hook comes in from the insatiable need of politicians for unending and unlimited money to lavish on voters. Take the poor’s stuff to give to a corporation which pays a lot more taxes, is a benefit to the mechanics of power.
Note later successful attacks on emminent domain include guilt trips about it hurting the little guy. Somebody else out there is thinking, good on you.