Cornerstone of Liberty: Property Rights in 21st Century America.

• Author: Poniewaz, Carrie May
• Position: Book review

Cornerstone of Liberty: Property Rights in 21st Century America By Timothy Sandefur

The Supreme Court's 2005 decision in Kelo v. New London sure has people talking these days. Take Cornerstone of Liberty: Property Rights in 21st Century America on a plane or out in any public area, and you'll see. One look at the title, and the person next to you will probably ask what you think of that one case that let the government give people's homes to a pharmaceutical company.

After reading this book, which was published by the libertarian Cato Institute, you might respond with a tirade on just how wrong the Supreme Court was; how the state of property rights in America today is shameful; and how "as the law stands today, property owners are almost entirely at the mercy of the state." You might even tell your new friend to write to a legislator or organize a protest march.

The Kelo case involved a small town with big plans to create tax revenue, jobs, and a prosperous lifestyle for its citizens. The plan was to bring in a pharmaceutical company and replace an old neighborhood with an upscale residential district. When certain residents and businesses would not sell their land for the noble cause, the town wielded its power of eminent domain. The Supreme Court found no difference between "public benefit" and "public use," and, according to Cornerstone of Liberty, allowed local governments "virtually unlimited discretion to take away citizens' homes and businesses and use the property for private development projects."

Author Timothy Sandefur makes a compelling case against this unbridled use of eminent domain. Citing regulatory-takings cases as well as those involving condemnation, he narrates the sagas of Susette Kelo and several other landowners who lost their property to the better judgment of the government. The way he tells each story makes one wonder just how the governments can get away with this.

Using the anecdotes as the human element in the first part of the book, Sandefur lays down several reasons "why...