wrote in message
oups.com...

You mean like the way the Bill of Rights was not properly
ratified?


In what way was the Bill of Rights not properly ratified?



Eminent domain has been (ab)used for that purpose
since before the Constitution was adopted. I've been
opposed to the practice since first becoming aware of
in the early 1970s. But I am not so dishonest as to
argue that it is unConstitutional, or something new.
Indeed, I am astonished that a case disputed centuries
old settled law got to the USSC

It is pretty hard to see how an arugment can be made that
a prohibiton of confiscation of property WITHOUT just compensation
does not implicitly permit confiscation WITH just compensation.


"Just compensation" is not enough. The Fifth Amendment says private
property shall not be taken FOR PUBLIC USE without just compensation.