Manufactured Housing Communities v. State

(concurring) — I concur this statute unconstitutionally takes private property for private use, but write separately to add a perspective not otherwise presented.

Police Power Not Implicated

Both the majority and the dissents compare and contrast, more or less, an exercise of the police power, which may require no compensation,14 with an exercise of the power of eminent domain, which always does.

But a principled dichotomy makes sense only if we use the term “police power” in the sense of its original understanding,15 used by the majority at 354-55 in its extended quotation from Conger v. Pierce…