In MI, prop 06-4 is to prohibit government seizing private property?

Question

As long as the government isn't grabbing for 'certain' private purposes.

Is the government allowed to take private property now for private purposes? In other words, would this prop be restricting such activities, or actually granting such activities? Does anybody know?

Answer 1

I think it's in response to last year's US Supreme Court decision that allowed a local government to "condemn" or purchase private property and turn it over to private businesses to be developed. The Supreme Court ruled that the fact that the property, once developed, would be worth more and therefore bring in higher taxes, and would also increase business and therefore bring in more sales taxes and employment, was a sufficient public purpose to permit the condemnation. The US Constitution is very vague on this point, as it only says that if the government is going to seize private property, it must pay the fair market value of that property, and it doesn't say that the seizure can only be for government use of the property (such as a public road or military base, etc.).

A lot of people think that this decision allows shopping mall developers, for example, to get local county boards to condemn private homes and stores in order to put up new malls and get rich, on the pretext that it will increase local tax revenues. I agree and I think that the states need to restrict the effect of that decision.

Answer 2

One ballot measure being voted on in Nevada this election is one restricting eminent domain to public usage only, with needed restrictions. The Supreme Court was wrong, hands down.