Supreme Court Decision affecting Detroit

[Detroit_Luveur]

The Story:

http://www.foxnews.com/story/0,2933,160479,00.html

I, personally, think that it could benefit Detroit immensely if used properly. This would essentially give them the right to take up all of these vacant lots in the city not owned by the city.

It does have its consequences; but, for Detroit it could be very beneficial.

[Zissou]

It could really help Detroit but in the Freep today they gave examples how Michigan has already in certain circumstances gone directly against this ruling, and the Supreme Court will allow states to make their own rules regarding this. I think it was the Poletown situation where the city took over land for an automotive plant. I like this news i just hope people will use it realizing it could be a great tool for Detroit.

[SNWEB]

I can see it now

"give us your building, we are giving it ot Mike Ilitch for a Casino"

10 years later the area hasnt changed one bit and all the buildings rot

[wolverine]

Yeah, but hopefully this will allow GOOD preservationists groups to acquire property and fix these places up. This just might be the tool we need to taking away buildings from the cold ugly hands of the stubborn slumlords.

[Zissou]

I really do hope that they will use this but Michigan was one of the states that has shown they disagree with the ruling. I hope everyone just uses their heads on this.

[RustTown]

For a city in shambles this will be a good thing, but Detroit won't always be in the shape it's in and then it will become detrimental.

For whatever good this can do at the moment for Detroit, this is going to against the very grain of what the Founding Fathers wanted for this country. Property rights was always a keystone issue with them and this erodes the rights of the people in the end.

I guess we can exploit it while we have the chance, but to think that this ruling will only hurt absentee property and landowners is foolish. Eventually, another Poletown will happen in Detroit because of this, especially as the city really starts to take off. You think the Brush Park clean-sweep and Poletown were bad before, you have not seen anything yet.

This is too much, too far.

[Zissou]

I definitely respect your view and i think this needs to be used with caution but this could really do wonders for the city at this time. At some point Detroit will get to the point where people will be coming to develope the city. Until it gets to that point though the city should take advantage of this.

[RustTown]

I can't be that selfish. We musn't forget how many more people will be negatively effected by this ruling than will be helped. In the end, a city is about it's people ultimately, and not just it's land. I believe in gentrification, but only so fast and in the right instances. This gives the government far too much power to through around to terrorize the little guy.

Detroit was on the right road with it's land bank. This is just plain overkill, and amounts to nothing more in the end than simply giving the government the power to move people and resources around like cattle.

What happens when a group of poor, rental families are forced to be removed from a historic (but deteriorated) building for a shopping mall? I'm only being so pessimistic because this is one of the most anti-American rulings to date. Our Founding Fathers made private property ownership a flagship idea. It was one of the things that made America unique and idealistic like freedom of speech or the right to assemble. They all went hand and hand.

[Detroit_Luveur]

I can't be that selfish.  We musn't forget how many more people will be negatively effected by this ruling than will be helped.  In the end, a city is about it's people ultimately, and not just it's land.  I believe in gentrification, but only so fast and in the right instances.  This gives the government far too much power to through around to terrorize the little guy.

Detroit was on the right road with it's land bank.  This is just plain overkill, and amounts to nothing more in the end than simply giving the government the power to move people and resources around like cattle. 

What happens when a group of poor, rental families are forced to be removed from a historic (but deteriorated) building for a shopping mall?  I'm only being so pessimistic because this is one of the most anti-American rulings to date.  Our Founding Fathers made private property ownership a flagship idea.  It was one of the things that made America unique and idealistic like freedom of speech or the right to assemble.  They all went hand and hand.

<{POST_SNAPBACK}>

Well from what I'm hearing. This SCOTUS ruling doesn't necessarily void the eminent domain laws already applied in Michigan, which are quite strict compared to other states.

[Zissou]

Right. Even though this opens the door Michigan has been strict on this issue in the past. Your concerns might not even be necessary considering the states prior stance on these issues. There most likely will not be another Poletown but it will allow Detroit to take on the slumlords.

[DetroitBazaar]

This is serious business legally. Precedent has been set. This is the fault of the 5th amendment and it's flaws now being expanded. In cities like Detroit, corruption will now officially and overtly rule- you haven't seen corruption the likes we'll see until we feel the effects. There is nothing anyone can do about it unless we fight to strengthen the state laws or fight to strike that language from the constitution- the former would be our best bet for those who care. Keep strong. Walmart and their likes love it, do you? You can bet there are a lot of folks slapping high fives right now. It's time to wake up! and yes, when the domino falls and pressure is put on the state leg. they will change the law for the benefit of their supporters- This decision will most certainly lead to Corruption at its finest!

Peace from DetroitBazaar

Time to Wake Up Detroit and America, this is not a good thing.

[Zissou]

Im not totally in the know when it comes to this new legislation. How much different is it than eminent domain, which has already be in place for some time?

[DetroitBazaar]

A very simple way to look at the clause-or flaw depending on how you view the constitution- that set up eminent domain is to look at the language of it:

"...nor shall private property be taken for public use, without just compensation"

Cities have always had the absolute authority to steal homes and businesses for something the city or state considered "for the public good" as long as Just Compensation was provided- generally that would mean a fair market value. Many people resent the idea of a government taking their property for any reason and equated it to stealing your neighbors car and leaving him a few thousand dollars as compensation. Anyway, the key works in the 5th amendment says nothing about private people taking other private property. This case involved private folks with cozy ties to government, thus the government attempted to persue, on behalf of a developer, the eminent domain clause and, well, they won. I can see nothing but corruption and bribery resulting. We've always had that in Detroit, but with a simple change in State law- backed btw by people like Mr. Pizza, or Walmart all of those "tough" state laws will vanish as the politicians see how much money they can get for themselves and the headlines they can grab as they announce "A brand new Walmart" for the good of everyone and the tax base. Thing is- on a similar note- the property sold to these developers and businesses will most certainly be sold at discount and result in nothing more than uprooted families and lower tax bases because, just as Compuware and others have benefitted from bottom basement land prices and tax breaks, you can bet your house and car- if they are paid off - Walmart, HomeDepot, and BestBuy will receive the same. The little guy and resident will be the one taking the hit. Anyway, I firmly believe Detroit needs to be 1000 times more business friendly and 5000 times more resident friendly. This will not be the answer, IMHO. This will be an expansion of what we see daily and may result in the Mayor's political adversaries being pushed out with a stroke of the pen, among other things. Sure one of us could start getting cozy with city or state Gov. and perhaps have our way with things of this nature, but is this really the kind of America, who's bread and butter has been property rights, we want to live in. All I can say is to keep pressuring Lansing and those little lawmakers up there to resist temptation and stop this precedent while we still can- Early, better yet, Now.

This is a great discussion that I know is being talked about all around our country, but it is wise for us Detroiters to study the potential impact on our city, and yes this ruling will hit the suburbs too.

Thanks everybody for reading my rambles,

Peace From DetroitBazaar