The limits of anti-Kelo legislation: reformers are trying to outlaw eminent domain abuse. But will the laws they're passing be effective?
Reason › Vol. 39 Nbr. 4, August 2007
Linked as:
Summary
Susette Kelo
See the full content of this document
Extract
The limits of anti-Kelo legislation: reformers are trying to outlaw eminent domain abuse. But will the laws they're passing be effective?
IN Kelo v. City of Nero London (2005), the U.S. Supreme Court allowed the government to condemn property and transfer it to other private owners in the name of "economic development." Upholding the forced transfer of land in New London, Connecticut, to private developers, the Court ruled that virtually any potential public benefit satisfies the Fifth Amendment's requirement that the authorities can take property only for a "public use." Traditionally, a public use had meant a government-owned facility or a public utility with legally mandated access for the general public. With an economic development taking, property is simply transferred from one private party to another, without any public access requirement. Although the traditional definition of public use had already been vastly expanded by previous decisions, Kelo drove the change home to the general public. The ruling generated more an...
See the full content of this document
Sponsored links
