The Eminent Domain Problem

What the eminent domain power produces and whether the Kelo decision was correctly decided

The Problem

The eminent domain power -- the government authority to take private property for public use upon payment of just compensation -- is the specific constitutional provision whose application to the specific private development projects whose public benefit the government certifies rather than the specific public use that the constitutional text requires is the accountability journalism of the Kelo v. City of New London (2005) Supreme Court decision.

The Kelo Legacy

The Kelo legacy: the Supreme Court decision that allowed the City of New London to take the Susette Kelo home for the specific private development project that the city argued would produce the economic development that constituted a public benefit produced the specific bipartisan backlash that the decision generated. The specific state-level property rights legislation that the Kelo backlash produced has limited the specific eminent domain for economic development that Kelo permitted in specific states.

Surf Revolt Coverage

Surf Revolt covers eminent domain because the accountability journalism of the property rights tradition requires examining the specific Supreme Court decision that most directly challenged the constitutional property protection, and because the Kelo legacy is the specific case where the libertarian property rights argument has produced the specific legislative response.

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