Eminent Domain Musings

Down in Florida, the Sun-Sentinel.com reports:

The city (Hollywood) cannot take a family's downtown property and give it to a private developer, a judge ruled Thursday, ending a two-year legal battle and potentially jeopardizing a $100 million condominium complex.

Broward Circuit Court Judge Ronald J. Rothschild's ruling in favor of the Mach family, which has owned the 2,900-square-foot building on Harrison Street for decades, came as a blow to Mayor Mara Giulianti and city commissioners.

They wanted to use eminent domain to replace the Mach structure with a 19-story condo and retail tower as part of downtown revitalization plans.

I found the following line to be extremely interesting. In it the Mayor of Hollywood, Mara Giulianti makes the following statement about the developer (Abele) dealing with the property owners (Machs):

"I just don't want to see Chip [Abele] up his offer to the Machs, because it sends a message to property owners that they can demand whatever they want from developers."

Yes Comrade Giulianti. We would hate to allow the principles of free trade operate here. In addition, the developer gets his 2 cents in as well:

"If the question is, do we need that property to physically build our project, then the answer is no."
"But if you're looking at the whole needs of a community, to make sure that it's safe for pedestrians and foot traffic all around, and that you keep redeveloping the area, then there's no question that we need that property,"

I'm sure that the developer is interested in the "safe"ty of all who are involved. The article continues:

"Now, without eminent domain powers, developers will have to deal directly with landowners."

Oh the humanity, what will these poor developers do? Without all that extra power how will they have enough power to take ove.. er, "redevelop" huge swaths of land?
The Real Effect
World Net Daily and the Drudge Report is running that President George W. Bush has issued an executive order prohibiting Federal agencies from aquiring land in the new Supreme Court issued fashion.

The fact that it was issued on the one year anniversary lends to my thought that this order is solely done for public consumption and not out of any sense of 'justice' that the President may have.

I believe that much of the reviewing of the law and new court opinions will more than likely push the pendulum further towards Socialistic ideals as judges and legislators rule in favor of property owners, yet develop new international guidelines to 'guide' their decisions.