Glenn Reynolds has a good article on the abysmal Kelo decision. This decision essentially means that the government can take your property at any time for whatever reason they chose. A local jurisdiction can determine that your property would bring in more tax dollars if it were replaced with a Wal-Mart, and there’s not a damned thing you can do about it. This decision is one of the singularly most idiotic decisions the Supreme Court has come up with since the lamentable Dredd Scott case.
He also provides a extensive list of reactions to the case — needless to say, none of them are positive. The only people who seem to be at all enthused by the case are the real-estate developers and the sleazy politicians who stand to benefit from this awful decision.
If ever there was a reason why we need strict constructionists on the Supreme Court this was it — the next time a group of historic homes is razed to build another damned Quickee Mart, you can blame Justices Souter, Kennedy, Ginsberg, Bryer, and Stevens. This decision puts into focus the concept that having a federal judiciary willing to bend the Constitution to say virtually anything is not a healthy thing for a democratic society.
Seems like the concept of eminent domain has been stretched way beyond recognition with this decision. I’m hopeful that both conservatives and liberals can see the danger in giving government the power to literally shift ownership of property to another individual of their choosing. The original intention of eminent domain was for the proper establishment of roads, canals, and highways which are essential in developing a prosperous economy. Obviously a far cry from today’s decision.
As disturbing as this ruling was, I didn’t necessarily think we were wading in uncharted waters with the decision either. Back in 1980, General Motors bought out an entire neighborhood in Detroit amidst fierce opposition of the citizens to put up a new auto plant. Wasn’t that an eminent domain case?