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Worth correcting.


The September/October 2005 issue appears to have two errors in Karen Gajewski's Worth Noting column:

1) Gajewski states, concerning the recent Supreme Court ruling on federal seizure of private property, that "Previously, eminent domain eminent domain, the right of a government to force the owner of private property sell it if it is needed for a public use. The right is based on the doctrine that a sovereign state has dominion over all lands and buildings within its borders, which has its origins in  could only be used for public projects like building roads" and

2) "shifting of land from one private owner to another violates the Fifth Amendment which prohibits the taking of property by government except for public use."

Gajewski seems unaware of the redevelopment in legislation passed before 1950 and expanded by the Housing Act of 1954. Berman v. Parker Berman v. Parker, 348 U.S. 26 (1954), landmark decision of the United States Supreme Court which refined the clause "nor shall private property be taken for public use, without just compensation" in the Fifth Amendment of the  clearly stated that redevelopment is a public purpose, that Congress can use the police power and eminent domain, that all land in a designated redevelopment area can be taken, even if property may be taken from one business owner for the benefit of another. The initial owner must receive that "just compensation" decreed by the Fifth Amendment. In fact, the Supreme Court stated, "Congress and its authorized agencies have made determinations that take into account a wide variety of values. If those who govern the District of Columbia District of Columbia, federal district (2000 pop. 572,059, a 5.7% decrease in population since the 1990 census), 69 sq mi (179 sq km), on the east bank of the Potomac River, coextensive with the city of Washington, D.C. (the capital of the United States).  decide that the nation's capital should be beautiful as well as sanitary, there is nothing in the Fifth Amendment that stands in the way." This last comment has, understandably, stirred up more than a bit of controversy!

Max R. Bloom, Professor Emeritus e·mer·i·tus  
adj.
Retired but retaining an honorary title corresponding to that held immediately before retirement: a professor emeritus.

n. pl.
 

Syracuse University Syracuse University, main campus at Syracuse, N.Y.; coeducational; chartered 1870, opened 1871. Syracuse is noted for its research programs in government and industry; facilities include the Center for Science and Technology, the Newhouse Communications Center, and  
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Article Details
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Author:Bloom, Max R.
Publication:The Humanist
Article Type:Letter to the Editor
Date:Nov 1, 2005
Words:226
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