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Evicted! - Property Rights and Eminent Domain in America (Hardcover)
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Evicted! - Property Rights and Eminent Domain in America (Hardcover)
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Evicted! is a practical and critical look at the vulnerability of
Americans' property rights to eminent domain abuse since the
Supreme Court's 2005 Kelo decision. The 2005 Supreme Court decision
Kelo v. City of New London, which upheld the taking of an
individual's home by local government for the sake of private
development, unleashed a firestorm of controversy. The backlash
against eminent domain cuts across partisan, ideological, and
racial lines, with 4 out of 5 Americans opposing Kelo. Critics of
Kelo claim that it represents a radical departure in the law,
putting every homeowner in jeopardy of dispossession by government
at the service of corporate interests. But are property rights and
eminent domain truly in mortal conflict? Written for general
readers, property owners, and local government officials seeking to
understand the implications of Kelo for eminent domain and property
law, Evicted! cuts through all the hype and hysteria surrounding
Kelo and argues that the alleged wave of eminent domain abuse is
mostly a myth. Evicted! describes what property rights are, why the
law protects them, and how eminent domain really works. Schultz
shows that Kelo did not make new law but only broadened Supreme
Court precedents, and he refutes claims that Kelo has opened the
way to widespread eminent domain abuse. Nevertheless, the author
identifies certain legislative changes that are needed at the
local, state, and national levels to better protect individual
property owners when corporate thugs and corrupt government
officials occasionally gang up against them.
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