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[parent] [thread] 6 comments
1. throwa+(OP)[view] [source] 2020-06-12 02:19:34
IANAL but I’m pretty sure it’s illegal to use eminent domain to confiscate the homes of citizens based on their race. The law doesn’t make provisions for unpopular races as far as I know.
replies(2): >>salawa+T9 >>dragon+RK
2. salawa+T9[view] [source] 2020-06-12 04:13:26
>>throwa+(OP)
Further, any use of eminent domain must be bundled with fair market value compensation for the value of the property being acquired.
3. dragon+RK[view] [source] 2020-06-12 11:42:28
>>throwa+(OP)
> IANAL but I’m pretty sure it’s illegal to use eminent domain to confiscate the homes of citizens based on their race

Good thing I never suggested that. Gentrification has a racial dimension because race correlates with economics, but it simply is the rich displacing the poor in a particular region; if you take housing units by eminent domain and establish a process for renting them out as public housing that doesn't distribute them to the highest bidder, you prevent gentrification. You neither have to acquire nor distribute based on race.

replies(2): >>throwa+kb1 >>maland+b29
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4. throwa+kb1[view] [source] [discussion] 2020-06-12 14:59:16
>>dragon+RK
I figured you would take that tack. In my defense, the term often does refer to whites specifically. In either case, however, I'm of the impression that a law may not disproportionately target one race or another (it's insufficient to show that a law doesn't explicitly target one race; it must also be shown that it doesn't cause disproportionate harm to one race), but again, IANAL and would be very interested in hearing from an expert (even suggestions on search criteria would be helpful).
replies(1): >>dragon+av1
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5. dragon+av1[view] [source] [discussion] 2020-06-12 16:51:55
>>throwa+kb1
> I'm of the impression that a law may not disproportionately target one race or another (it's insufficient to show that a law doesn't explicitly target one race; it must also be shown that it doesn't cause disproportionate harm to one race),

You are incorrect. Laws may both explicitly (or otherwise intentionally) target race and may disproportionately impact race without explicit targeting.

Laws doing the former are subject to “strict scrutiny”: the discrimination must be the least invasive means of achieving a compelling government interest. The latter isn't prohibited at all, though it can be evidence of discriminatory intent. (You may be thinking of employment law, where disparate impact is generally prohibited discrimination, unless closely tailored to a specific legitimate non-discriminatory business need.)

See https://en.m.wikipedia.org/wiki/Equal_Protection_Clause for a discussion, especially the section under “tiered scrutiny” and “disparate impact”.

replies(1): >>throwa+5w1
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6. throwa+5w1[view] [source] [discussion] 2020-06-12 16:55:43
>>dragon+av1
Interesting and disappointing. Thanks for the correction.
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7. maland+b29[view] [source] [discussion] 2020-06-15 17:22:57
>>dragon+RK
> establish a process for renting them out as public housing

and the process for renting them as public housing will be fairer how? You're just switching out one filtering system (price) for another based on arbitrary rules proposed by petty bureaucrats and politicians. At the end of the day you're still discriminating. The only difference that in your system, you're hoping that you or someone with your sensibilities has the power to do the discriminating.

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