The British government had also claimed that their due process of laws were to be over and above our constitutions, and this nation had declared this to be an absurdity.

When evaluating this story, it is important to understand that Dr. Tourkakis is saying only chartered cities can use eminent domain for *private redevelopment*. Non-chartered cities, like Arnold can still use eminent domain for things like roads and sewers, but not as a so-called tool for dealing with blight.

The basis of the argument is Article 1, Sec. 28, which says that "private property shall not be taken for private use". An exception to that prohibition is found in Article VI, Section 21, where chartered cities are given the power to use eminent domain in an effort to clear blighted areas.

That exception, Dr. Tourkakis contends, does not apply to non-chartered cities.

It the court rules for Dr. Tourkakis, only the larger chartered (home rule)cities will be able to use eminent domain for private development.

- Ron