In 2005, in the case of Kelo v. New London, the Supreme Court allowed officials to seize and raze an entire neighborhood of well-maintained homes and businesses in the hopes that someone else could build fancier homes and businesses. According to the dissenters, the majority’s opinion effectively deleted the provision of the U.S. Constitution requiring that takings be for a “public use.” On this episode, we ask: what, if anything, is left of the prohibition on using eminent domain to take property from Person A merely to give it to Person B? And we look at some current litigation that can restore traditional limits on the government’s power of eminent domain.
Click here for transcript.
Resources
Dana Berliner, Looking Back 10 Years After Kelo
Gideon Kanner, The Public Use Clause: Constitutional Mandate or “Hortatory Fluff”?
Gideon Kanner, Do We Need to Impair or Strengthen Property Rights in Order to “Fulfill their Unique Constitutional Role”?
Brinkmann v. Town of Southold, NY
Fisher v. City of Ocean Springs, MS
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