Kelo and Its Discontents: The Worst (or Best?) Thing to Happen to Property Rights

• Published in: The independent review (Oakland, Calif.) Vol. 11; no. 3; pp. 397 - 416
• Main Authors: López, Edward J., Totah, Sasha M.
• Format: Journal Article
• Language: English
• Published: The Independent Institute 01.01.2007; Independent Institute
• Subjects: Cities; Constitutions; Countermovements; Discontent; Economic development; Eminent Domain; Eminent domain (Law); Judicial Decisions; Legislation; Legislators; Legislatures; Local government; London, England; Private property; Property; Property ownership; Property Rights; Public use; Right of property; United States
• ISSN: 1086-1653; 2169-3420

Considers whether Kelo v. City of New London (2005), which has been condemned by some as the death knell for property rights, will ultimately serve the interests of property owners. State & local developing events in the year following the Kelo decision are examined from the perspective of economic efficiency & constitutional political economy. Data in support of the end of private property, ie, an "opening the floodgates effect," are set against evidence of a "backlash & spotlight effect" that is staying the hand of local land-use policymakers & compelling states to enact legislation restricting the use of eminent domain. This legislation is assessed in terms of laws with & without teeth. It is suggested that property owners have reasons for a optimism in light of a legislative tightening of public use, & that local land-use policymakers will face greater political & procedural costs in the use of eminent domain. Because the backlash is seen to outweigh the floodgate effects, it is contended that Kelo has weakened eminent domain powers & is good for the public interest. References. D. Edelman