The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain.

• Author: Rogers, C.D.
• Position: Book review

The Grasping Hand: Kelo v. City of New London and the Limits of Eminent Domain

by Ilya Somin

The Grasping Hand contains the narratives of a Connecticut town, New London Development Corporation (NLDC), Pfizer, Inc., 19 private property owners, Supreme Court's 5-to-4 decision, citizens' backlash to the controversial decision, subsequent state legislation in 45 states, and continuing narratives across our nation as its takings clause for "public use" evolves to "public purpose."

Somin--publishing this book 10 years after the Court decided Kelo v. City of New London (2005)--uses the narratives for his ultimate goal: to explore "[b]roader issues that were eventually implicated by the Supreme Court's decision."

The issues begin with common cause: Economic revitalization of the long-troubled town. The private nonprofit NLDC becomes reactivated, receives state bond issues of $15+ million, and Pfizer's promise to build its $300 million research site. Granted NLDC negotiates and buys most of the 90 acres in its developmental plan; but neither offers nor harassments convince seven home and land owners, including Suzanne Kelo, to sell.

Eventually, the Supreme Court grants cert following--and agreeing --with Connecticut's Supreme Court: "the public use clauses of the federal and state constitutions authorize the exercise of the eminent domain power" in furtherance of this "economic development plan."

Justice John Paul Stevens, for the majority, stressed the need to defer to New London's "carefully considered planning process" and not to "second guess" these planners. Although favoring the minority and knowing subsequent results, Somin remains objective. He finds two flaws: assuming the plan would bring about economic development and negate power and special interests in the project.

Somin's broader issues find minority support. Justice Sandra Day...