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June 22, 2006
Eminent Domainia: Tomorrow, one-year anniversary of Kelo decision
Here's a glance back at the Institute for Justice's press release from June 23, 2005, announcing the Supreme Court of the United States decision for the City of New London, CT.
A year later, the editorial comments on the Kelo decision are still resoundingly against the Supreme Court's decision:
- The Washington Times editorializes on the public backlash to the Kelo decision and an Op-Ed piece describes how the ruling has "opened the floodgates" for eminent domain takings.
- An Investor's Business Daily editorial highlights a very important case in Norwood, OH, to illustrate the state of eminent domain after the Kelo decision.
Property Owners Win And Lose In Year After Kelo Case Ruling
NoLandGrab Note: Though the question to be decided in the Norwood, OH case is specific to Ohio state law, the case is important to Brooklynites because the arguments for and against the use of eminent domain are similar to Ratner's Atlantic Yards proposal (private property being transferred to a private developer who owns all of the recently developed commercial property adjacent to the site, justified by a convenient finding of "blight") and the case may have bearing on Brooklyn if it is appealed to the US Supreme Court.
TCS Daily explores what may be the most extreme effect of the Kelo decision, Hercules, CA's taking of land owned by Walmart, in an opinion piece, "How Kelo Can You Go?"
BusinessMedia.org guest commentator Donald J. Boudreaux, Ph.D., pins the Kelo decision on the "progressives," in "Unhappy Anniversary: Kelo's 'Public Purpose.'"
NoLandGrab Note: Though Supreme Court watchers can easily blame the decision on liberal justices, many progressive groups filed amicus briefs in favor of the homeowners.
In an article for the Cato Institute ("The Pain of Eminent Domain"), Timothy Sandefur, staff attorney at the Pacific Legal Foundation and author of "Cornerstone of Liberty: Property Rights in 21st Century America" explains why the public backlash to the Kelo decision has "achieved mixed results."
Environmental News Network carries what appears to be a press release from the National Center for Policy Analysis, "Eminent Domain Anniversary Good Time For Senate To Protect Private Property," calling on the US Senate to pass legislation to restrict federal funds for projects that use eminent domain.
Posted by lumi at June 22, 2006 8:25 AM