Similarly, a (fictitious and nonsensical) eminent domain claim on a portfolio of treasury bills would be inherently fairer than a (fictitious and only slightly less nonsensical) eminent domain claim on Bingo Card Creator; the holder of the bills can easily calculate the fair value of his assets, and Patrick can't.
On a spectrum running:
<-- small business --------------------- treasuries -->
where is a gas station in Manhattan? It's not right next to Bingo Card Creator.
If NYC wanted to build a subway and needed to acquire the gas station, I would be completely on-board with the use of Eminent Domain but that's not what is happening here.
So now we're just haggling over the price.
Given that we are, it is inherently less fair for seize something for a which a real market value can't be determined.
When you evoke seizure of a software company, you're evoking the image in your mind of a government attempting to value your company. But the market famously doesn't know how to value small businesses. You know you're not getting anything resembling what it's worth.
When you seize a piece of commercial real estate in Manhattan, you can tell me all you want about how shady the NYC CRE market is, but there is a relatively liquid market for NYC CRE. It is less unfair to seize commercial real estate, corporate bonds, t-bills, or proven mineral deposits than it is to seize a business.
But. And please read this next sentence carefully. I agree with you about Columbia. I think this is an abuse of eminent domain.
(Why - oh - why is Thomas talking about this then? Because it's so - f'ing - much - more - interesting than yet another long rant about how the government is evil and I'm ashamed of my country and the weather in December is awful and God really needs to get on top of fixing that).