Recently, the US Supreme Court issued a verdict in a case concerning New London, Connecticut. It ruled that a city can use its powers of eminent domain to replace a community with a newer, more tax producing community. I believe that this decision was legally wrong and terribly misguided.

As Justice O'Connor wrote in a dissenting opinion, "The specter of condemnation hangs over all property ... nothing is to prevent the state from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory.''

What the Supreme Court did was allow the City of New London, Connecticut, to replace a seemingly thriving, working class community with development that will be more aesthetically pleasing (at least in the eyes of some) and generate more taxes and jobs.

The community that will now be extinguished was not blighted nor corrupt. It was a regular, American community that worked well. Simply put, the City needed to generate revenue, and has now been allowed to wipe this community out so that "progress" ( the generation of more taxes) may take place.

Yes, the home owners will be paid "just compensation." But I can assure you that whatever they get, it will likely not be enough to allow them to move back close to where they had lived. It seldom is enough money.

More importantly, a home is more than a financial investment. It also represents an emotional attachment. While the soon to be displaced community members will receive money, the homes these people loved will be permanently taken from them, along with the family memories and histories attached to the homes. What value is to be placed on these less tangible assets?

Yes, economic growth is a legitimate government concern. But our Supreme Court forgot that community stability and loyalty to those who have lived within its bounds for generations are even more important government concerns. It is not all about the money.

Until now, only blighted communities or properties needed for specific public projects, such as parks, schools and highways, could be taken through eminent domain. This New London case has gone too far.

It is probable that the wealthy business owners will be the ones to benefit when old neighborhoods are replaced with their new, higher tax generating projects. If this is the case, then it is the average Joe, the working class American, that is being compromised.

This decision places every community at risk. Who knows when your community leaders might be tempted by a grand redevelopment project? Any project can justify community dismemberment under this decision. So long as the proposed project produces more taxes. No matter where you live, no matter what your zip code might be, there is always something nicer, something more tax appealing, that can come along and replace your community.

The New London decision, as bad as it is, allows States to step in and pass legislation to mitigate its harshness. Some states have already responded. Every state must take action immediately. There is no time for waiting.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.