The Economist has taken survey of the uproar since the Kelo vs. New London decision.
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Property rights and eminent domain
Hands off our homes
Aug 18th 2005 | ARDMORE, PENNSYLVANIA
From The Economist print edition
A Supreme Court ruling that allows the government to seize private property has set off a fierce backlash that may yet be as potent as the anti-abortion movement
IF YOU ever doubted the importance of the Supreme Court, consider the fuss about Kelo v New London. The five-to-four ruling by the court on June 23rd, apparently giving the government the power to bulldoze homes on flimsy grounds, has set off fiery protests across the country.
Americans used to believe that their constitution protected private property. The Fifth Amendment allows the state to seize it only for “public use”, and so long as “just compensation” is paid. “Public use” has traditionally been taken to mean something like a public highway. Roads would obviously be much harder to build if a single homeowner could hold out forever or for excessive compensation. The government’s powers of “eminent domain” have also been used to clean up “blighted” slums.
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