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« Tempting Fate | Main | Not the Middle of Nowhere »

May 12, 2006

Tennessean: Domain bill's tough talk has holes

"A bill designed to make it harder for the government to seize private property talks big but may not deliver the goods," reports today's Tennessean. That's not surprising. In the wake of the U.S. Supreme Court's Kelo decision empowering governments to use eminent domain to seize private property and give it to another private owner for any reason government deems worthy, I would have hoped the Tennessee legislature would have sided with private property owners.


Comments

The legislature doesn't believe in private property. Why else would they pass legislation that does nothing to protect it?

In Knoxville they coerced an owner into giving up his business of 40 years under ED. He didn't have the resouces to fight and believed they would win anyway. Turns out there is now a Food City standing on his former business site. When confronted, the local development autority official said the previous business owner "wasn't forced to sell, he could have fought it."

Posted by: Rick Forman at May 12, 2006 2:06 PM

Has anyone heard of a case where gov has used eminent domain logic on intellectual property? It would seem by analogy that if someone has a patent they refuse to license to someone the gov could force them to turn it over to a competitor because the competitor could provide greater value by launching a service which the gov could then tax.

Posted by: Ed Dodds at May 15, 2006 6:11 AM
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