The Limits of Anti-Kelo Legislation.

• Author: Bullock, Scott
• Position: Letters - Letter to the editor

Ilya Somin complains that the backlash against eminent domain abuse has failed to produce significant changes in the law ("The Limits of And-Kelo Legislation," August/September). He argues, incorrectly, that because of "public ignorance" of what constitutes effective reform most reforms provide little or no protection to home and small business owners.

The proper starting point for analysis is the day before the U.S. Supreme Court's despised decision in Kelo v. New London (2005). At that point, eminent domain laws in virtually every state were completely rigged against property owners. Since the decision, dramatic changes for the better have occurred in a variety of contexts. Consider some of them:

* Two state supreme courts have explicitly rejected Kelo, while three others have questioned the validity of the decision under their state constitutions.

* As of this writing, 42 states have changed their eminent domain laws through either citizen initiative or legislation. About half of these measures provide strong protection against the abuse of eminent domain, and virtually all represent an improvement over the terrible laws that were on the books before Kelo.

* Just about every reasonably well-informed person in the country now knows about eminent domain abuse, and the vast majority oppose the use of eminent domain for private development. This public opposition has led to a complete change in the Zeitgeist. While public officials, planners, and developers in the past could keep condemnations for private gain under the public's radar screen and thus get away with the seizure of homes and small businesses, that is no longer the case. Susan Pruett, general counsel for the Georgia Municipal Association, has called Kelo "the worst case we ever won."

There are two main ways eminent domain can be abused for private development. First, a government can simply declare that the new project will produce more economic benefits--tax revenue, jobs, and an...