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The Grasping Hand - "Kelo v. City of New London" and the Limits of Eminent Domain (Paperback, First Edition, Enlarged ed.)
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The Grasping Hand - "Kelo v. City of New London" and the Limits of Eminent Domain (Paperback, First Edition, Enlarged ed.)
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In 2005, the Supreme Court ruled that the city of New London,
Connecticut, could condemn fifteen residential properties in order
to transfer them to a new private owner. Although the Fifth
Amendment only permits the taking of private property for "public
use," the Court ruled that the transfer of condemned land to
private parties for "economic development" is permitted by the
Constitution even if the government cannot prove that the expected
development will ever actually happen. The Court's decision in Kelo
v. City of New London empowered the grasping hand of the state at
the expense of the invisible hand of the market. 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. Despite its outcome, the closely divided 5-4
ruling shattered what many believed to be a consensus that
virtually any condemnation qualifies as a public use under the
Fifth Amendment. It also showed that there is widespread public
opposition to eminent domain abuse. With controversy over takings
sure to continue, The Grasping Hand offers the first book-length
analysis of Kelo by a legal scholar, alongside a broader history of
the dispute over public use and eminent domain and an evaluation of
options for reform.
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