Friday, April 28, 2006

Kelo opponents, take note.

Before the Revolution, some of the founders -- George Washington was one of the Dismal Swamp Company's shareholders -- persuaded Virginia's legislature to permit them to seize private lands for development:
In anticipation of beginning drainage, the Dismal Swamp Company partners in January 1764 rushed through the House of Burgesses and the Council a law granting them the right to dig canals or build causeways through any land adjacent to the Dismal Swamp. The company must submit to arbitration to determine compensation due to any property-holder claiming to have suffered loss. But property-holders could not sue the company because, the law read, rendering the swamp fit for cultivation "will be attended with publick utility."
Charles Royster, The Fabulous History of the Dismal Swamp Company 89 (Knopf, 1999).

I suppose you could say that a familiarity with such evils was what prompted the Takings Clause, but you cannot say that takings in the name of private development were unknown in colonial times.

Comments:
Nifty.
 
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