[Jim Nugent]

Property rights purists contend that the words eminent domain appear nowhere in the U.S. Constitution.

Property rights purists I know admit the takings clause of the 5th amendment.  They also say "public use" does not mean building a shopping center or a new home for the New York Times.  The SCOTUS decision last year takes that to new heights of absurdity.  

Most properties could be used in different ways, that raise more tax revenue for a community.  Once that becomes a legit reason for eminent domain, private property has no meaning.  Government can seize your property, at a price it sets.  You are SOL.  

North Hills says the course will make a nice amenity for village residents.  Doesn't that rationale apply to almost every course in the country?  

[Doug Siebert]

Well, the logical conclusion of it is that if you have a $500K house you built last year, the government could take your land to give it to someone who wants to put up a $600K house.  More tax revenue after all...

[Dan Herrmann]

I don't think that golf has even been described by a court anywhere in the US as the sort of public purpose necessary to enforce eminent domain.  

It has in Coatesville, PA, where the city annexed land in Valley Twp to build a municipal golf course.  It got to the Penn. Supreme Court, which ruled that Coatesville, a Class 3 city, had the right to annex land in an adjacent municipality to build a golf course.

Eventually, the owner (I know his adult daughter, who happens to live on the land with the entire extended family), settled out of court with a newly elected city council that was voted in because they opposed the move.

Coatesville, PA is a gritty former steel town that is trying to reinvent itself as some type of yuppie mecca in Chester County.  They felt that a JIM FURYK designed golf course would draw more affluent citizens to their little part of the world.

The Coatesville area already has one club that is hurting for members, public daily-fee layouts within a few miles.  They do not need a golf course, IMHO.  This case has polarized about 15% of the population that are in favor against the other 85% of us that think it's unthinkable.  

If you're interested, you can see more here: http://www.saveourfarm.com/

[ForkaB]

Shivas

penumbras eminate

For us non genius's, explain a little bit like we were 85 IQ's

Cary - I am damn glad you said that because I am with you, bruthah.  Seems like our buddy shiv is on an "out-do Goodale with the vocabulary" kick.

The funny thing is though his statements make great sense once you know what the hell penumbra are.  I looked it up.

 

Shivas has a long way to go, like Spelling 101.  It's "emanate" counsellor.  (He probably had Eminem on his brain.......)

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