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The Commons
Eminent Domain Debate:
Posted by Jonathan H. Adler  ·  18 August 2004  ·  Urban Planning and Sprawl

As I noted here, the Michigan Supreme Court recently overturned the infamous Poletown decision in Wayne v. Hathcock. While most free-market types see this case as an important victgory for property rights, not everyone agrees.

The Detroit News published dueling op-eds on the decision, one by George Mason law professor Ilya Somin, defending the ruling, and another by defended the ruling, and another by Wayne State professor John Mogk defending the use of eminent domain for economic development.

Courtesy of the Volokh Conspiracy, the debate continues:
Somin responds to Mogk here.
Mogk responds in turn here.
Somin's final rejoinder is here.

Comments
  1. I cant help thinking that the UK would be a much better place if people here cared about things like this.

    Our Government has recently changed the test which a local authority has to satisfy to compulsorily purchase someone's property from having to show that the land is both suitable and required for a particular purpose to merely having to think that the acquisition will facilitate development intended to promote the economic, social or environmental well being of the area.

    There was almost no comment, let alone criticism, of what is clearly a major extension of state power in any of the national media.


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