July 26, 2006
Score one for the good guys.

The Norwood, Ohio takings case is in.

In the absence of other public benefit, the fact that an appropriation of property will provide an economic benefit to the community does not satisfy the public-use requirement of Section 19, Article I of the Ohio Constitution — The void-for-vagueness doctrine applies to statutes that regulate the use of eminent-domain powers — Courts shall apply heightened scrutiny when reviewing statutes that regulate the use of eminent-domain powers — The term “deteriorating area” as a standard for an appropriation of property is unconstitutional — R.C. 163.19 is unconstitutional in part.

SOURCE: Ohio Supreme Court

Posted by Robert Lawson at 12:14 PM in Economics

The statesman who should attempt to direct private people in what manner they ought to employ their capitals would not only load himself with a most unnecessary attention, but assume an authority which could safely be trusted, not only to no single person, but to no council or senate whatever, and which would nowhere be so dangerous as in the hands of a man who had folly and presumption enough to fancy himself fit to exercise it. -Adam Smith

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