Wednesday, August 19, 2015

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

Ilya Somin (George Mason University School of Law). The Grasping Hand: "Kelo v. City of New London" and the Limits of Eminent Domain (University of Chicago Press, 2015).


"In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and 'blight' condemnations are unconstitutional under both originalist and most 'living constitution' theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed." 
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