Mogk

Professor Mogk is also unpersuasive in his attempt to make use of the fact that some of the Poletown property owners were eager to leave and willing to accept the terms offered by the City of Detroit.

The Volokh Conspiracy » Ilya Somin’s final response on the Michigan eminent domain decision: 2004

But, says Mogk, "there are a lot of things you can do to make your life easier."

Fading Of The Light 2008

It may have been introduced by German traders, by slaves captured by the Northmen on their frequent marauding expeditions, or, as Mogk believes, may have been taken by the

The Nibelungenlied 2007

I am glad that Professor Mogk now admits that the Poletown decision did not really create 6000 jobs at the new GM factory.

The Volokh Conspiracy » Ilya Somin’s final response on the Michigan eminent domain decision: 2004

Professor Mogk also argues that Poletown may have created many more jobs through a “multiplier effect” by means of which the GM factory may have increased employment at other local businesses.

The Volokh Conspiracy » Ilya Somin’s final response on the Michigan eminent domain decision: 2004

I also pointed out that Professor Mogk incorrectly claimed that the Poletown condemnation created 6000 jobs at the new GM factory, and explained several serious dangers caused by allowing condemnations of property for the sole purpose of allegedly creating “economic development.”

The Volokh Conspiracy » Ilya Somin’s final response on the Michigan eminent domain decision: 2004

In defending his claim that Hathcock is a unique aberration, Professor Mogk argues that the recent Supreme Court of Illinois decision in Southwestern Illinois Development Authority v. National City Environmental did not forbid “economic development” condemnations because it ruled that the condemning authority in that case was improperly seeking to advance a private interest.

The Volokh Conspiracy » Ilya Somin’s final response on the Michigan eminent domain decision: 2004

Like the Poletown Court itself, Professor Mogk accepts all claims that the GM condemnation created benefits, while ignoring its grievous costs.

The Volokh Conspiracy » Ilya Somin’s final response on the Michigan eminent domain decision: 2004

The other points Mogk makes about SWIDA are likewise unpersuasive, because they all sidestep the plain fact that the Court specifically considered the economic development rationale and rejected it.

The Volokh Conspiracy » Ilya Somin’s final response on the Michigan eminent domain decision: 2004

It is misleading for Mogk to argue that these cases “are distinguishable on the basis of involving a predominant private benefit or not being authorized by the legislature.”

The Volokh Conspiracy » Ilya Somin responds: 2004