(Daily Signal) -- June 23 marks the 10th anniversary of the Supreme Court’s highly controversial decision, Kelo v. City of New London.
The Fifth Amendment Public Use Clause authorizes a city to exercise its eminent domain power only “for public use.” Yet, in Kelo the court permitted a city to transfer one homeowner’s property to another private party as long as there would be some future “public benefit.”
The perceived injustice of allowing the government to transfer a citizen’s perfectly well-kept land to a corporation for its own use generated dismay and anger throughout the public and resulted in a host of state constitutional amendments and other takings restrictions.
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Ten years later, the case’s reputation is no less notorious. In a recent legal memo, “Revisiting Kelo,” The Heritage Foundation documents the confluence of errors in the Kelo decision and sketches where we can expect to go from here.