Eminent Domain Case Study Example | Topics and Well Written Essays - 500 words

Eminent Domain - Case Study Example As a result, cities now have wide power to demolish residences for projects such as malls, arenas, hotels and other massive structures in order to generate tax revenue. Justice John Paul Stevens said local officials rather than federal judges, know best in deciding whether a development project will benefit the community. Try explaining that to the poor man who sits on the wrong side of the local official. Stevens further ruled that "states are within their rights to pass additional laws restricting condemnations if residents are overly burdened." Sounds generous, but whom is to decide what constitutes overly burdened How does a single citizen stop the arbitrary and capricious act of the local government Justice Sandra Day O'Connor, the only rational justice stated in her dissent that this ruling was nothing more than well heeled people enjoying "disproportionate influence and power". Applying this decision to the activist justice, means that the justices have no power to make a fair and impartial decision - the very thing that they are elected to do! Anyone can bring a temporary restraining order against the local city or town, but their burden is tremendous, and all that the city need do is demonstrate that the person seeking to keep their home is not overly burdened. What is the judicial threshold What consti