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The Supreme Court already has laws on the books allowing that very thing to occur. While its unlikely to happen to this judge, it has happened. One of the more recent judgements determined that property could be seized even when it's not being converted to public property.

http://en.wikipedia.org/wiki/Eminent_domain




The difference is that with eminent domain you must be compensated at a fair market rate. In this case, the property is simply seized.




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