Justice Clifford Taylor on Property Rights
From Judgepedia
County of Wayne v. Edward Hathcock (2004)
- In this eminent domain case, the County of Wayne initiated condemnations of 19 parcels of land south of Metropolitan Airport with the ultimate goal of creating a business and technology park complete with hotel, conference center and recreational activities. The County argued that the job creation and tax revenues from this project amounted to "public use" of the property pursuant to article 10, section 2 of the 1963 constitution. The plain language of article 10, section 2 includes the following: "'Public use' does not include the taking of private property for transfer to a private entity for the purpose of economic development or enhancement of tax revenues." Defendant Hathcock and fellow property owners argued successfully that the transfer of their properties to private parties was inconsistent with the understanding of "public use" at the ratification of the 1963 constitution. Justice Young (Justice Taylor concurring) wrote that the condemnations did not advance a "public use" and reversed the lower court rulings. For full text of the case see this link.
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