Date: March 6th, 2005

Four parts of eminent domain: the public-policy amicus brief

6 March, 2005 (10:19) | Uncategorized |

As the Supreme Court considers the takings case Kelo v. New London, which commentators on all sides are calling potentially the most important in the last fifty years, I find it remarkable that:
 
Both sides are fighting the wrong fight on the wrong terrain. 
 

“What do you mean, we’re fighting the wrong fight???”
 
Judging by the briefs [...]

Eminent domain: wrong fight, Part 4

6 March, 2005 (10:04) | Uncategorized |

[Go back to Part 1]
[Go back to Part 2]
[Go back to Part 3]

H. The city’s takings action, scored against our ‘public use’ checklist

Having examined the ground, let’s review the facts of this case to see how they square with the principles I posited above as necessary to [...]

Eminent domain, the wrong fight: Part 3

6 March, 2005 (09:58) | Uncategorized |

[Go back to Part 1]
[Go back to Part 2]
 
 
G. Takings in New London: Susette Kelo

Comes now petitioner Susette Kelo, whom we mentioned in an earlier post. Ms. Kelo and several of her neighbors own old houses in Fort Trumbull, a large now-closed submarine base in [...]

Eminent domain and urban renewal: fighting the wrong fight? (Part 1)

6 March, 2005 (09:40) | Uncategorized |

As the Supreme Court considers the takings case Kelo v. New London, which commentators on all sides are calling potentially the most important in the last fifty years, I find it remarkable that:
 

Both sides are fighting the wrong fight on the wrong terrain.

Judging by the briefs I’ve read, plaintiffs and defendants [...]