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The Grasping Hand

Author: Ilya Somin
Publisher: University of Chicago Press
ISBN: 022645682X
Size: 18.71 MB
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In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.

The Grasping Hand

Author: Ilya Somin
Publisher: University of Chicago Press
ISBN: 022625674X
Size: 49.92 MB
Format: PDF, Mobi
View: 4229
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In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.

The Grasping Hand

Author: Ilya Somin
Publisher: University of Chicago Press
ISBN: 022625660X
Size: 15.48 MB
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View: 6214
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On June 23, 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in the Fort Trumbull area in order to promote ?economic development” by transferring them to a new private owner. The use of eminent domain to take private property for public works is generally considered a permissible ?public use” under the Fifth Amendment. In New London, however, the land was condemned to pursue private economic development. When the Supreme Court upheld these takings in Kelo v. City of New London it empowered the grasping hand of the state and enfeebled the invisible hand of the market. In this detailed analysis of one of the most contentious Supreme Court cases in modern times, Ilya Somin argues that Kelo represents a serious?and dangerous?error. Not only are economic development and closely related blight condemnations unconstitutional under both originalist and most ?living constitution” theories of legal interpretation, they also tend to victimize the poor and the politically weak, and to destroy more economic value than they create. Kelo exemplifies these patterns: the neighbors who chose to fight their evictions had little political power, while the influential Pfizer corporation played an important role in persuading officials to proceed with the project. In the end, the poorly conceived development plan failed: the condemned land lies empty to this day, occupied only by feral cats. A notably unpopular verdict, Kelo triggered an unprecedented political backlash, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new state laws turned out to impose few or no genuine constraints on the government's power to condemn property. The Kelo backlash led to significant progress, but not nearly as much as it would first appear. Despite its outcome, the closely divided 5?4 ruling in Kelo shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread opposition to economic development takings. With controversy over this issue sure to continue, The Grasping Hand offers a thorough analysis of the case alongside a broader history of the dispute over the meaning of public use and the use of eminent domain, and an evaluation of options for reform.

Eminent Domain

Author: Iljoong Kim
Publisher: Cambridge University Press
ISBN: 1107177294
Size: 41.35 MB
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A collection of essays that examines the use and abuse of eminent domain across the world.

Bulldozed

Author: Carla T. Main
Publisher: ReadHowYouWant.com
ISBN: 1459611748
Size: 68.84 MB
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Eminent domain entered the awareness of many Americans with the recent U.S. Supreme Court case Kelo v. New London. Across the political spectrum, people were outraged when the Court majority said that a local government may transfer property from one private party to another under the ''public use'' clause of the Constitution, for the sake of ''economic development. Carla T. Main - who in the past, as a lawyer, has represented the condemning authorities in eminent domain cases - examines how property rights in America have come to be so weak, tracing the history of eminent domain from the Revolutionary War to the Kelo case. But the heart of Bulldozed is a story of how eminent domain has affected an American family and the small-town community where they have lived and worked for decades. In the 1940s, Pappy and Isabel Gore established a shrimp processing plant in Freeport, Texas. Three generations of Gores built Western Seafood into a thriving business that stood up to fierce competition and market flux. But Freeport was struggling, and city officials decided that a private yacht marina on the Old Brazos River might save it. They would use eminent domain to take the Gores' waterfront property and hand it over to the developer, an heir of a legendary Texas oil family, in a risky sweetheart deal. For three years, the Gores resisted the taking with every ounce of strength they had. Around them, the fabric of the community unraveled as friends and neighbors took sides. Bulldozed vividly recounts the Gores' fight with city hall, and at the same time ponders larger questions of what property rights mean today and who among us is entitled to hold on to the American Dream.

Eminent Domain Use And Abuse

Author: Dwight H. Merriam
Publisher: American Bar Association
ISBN: 9781590316382
Size: 24.25 MB
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This book is a comprehensive analysis of the U.S. Supreme Court decision in Kelo v. City of New London. It addresses the controversial and important question of when eminent domain may constitutionally be used to take property for projects that are not publicly owned and operated facilities, such as schools and town halls. The volume captures and conveys the context within which this debate is taking place as well as offers guidance concerning the Kelo decision itself and how it may be used.

Little Pink House

Author: Jeff Benedict
Publisher: Grand Central Publishing
ISBN: 9780446544443
Size: 80.40 MB
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SOON TO BE A MOTION PICTURE STARRING CATHERINE KEENER "Catherine Keener nails the combination of anger, grace, and attitude that made Susette Kelo a nationally known crusader." -- Deadline Hollywood Suzette Kelo was just trying to rebuild her life when she purchased a falling down Victorian house perched on the waterfront in New London, CT. The house wasn't particularly fancy, but with lots of hard work Suzette was able to turn it into a home that was important to her, a home that represented her new found independence. Little did she know that the City of New London, desperate to revive its flailing economy, wanted to raze her house and the others like it that sat along the waterfront in order to win a lucrative Pfizer pharmaceutical contract that would bring new business into the city. Kelo and fourteen neighbors flat out refused to sell, so the city decided to exercise its power of eminent domain to condemn their homes, launching one of the most extraordinary legal cases of our time, a case that ultimately reached the United States Supreme Court. In Little Pink House, award-winning investigative journalist Jeff Benedict takes us behind the scenes of this case -- indeed, Suzette Kelo speaks for the first time about all the details of this inspirational true story as one woman led the charge to take on corporate America to save her home. Praise for the book: "Passionate...a page-turner with conscience." -- Publishers Weekly

The Economic Theory Of Eminent Domain

Author: Thomas J. Miceli
Publisher: Cambridge University Press
ISBN: 1139501305
Size: 10.27 MB
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Surveys the contributions that economic theory has made to the often contentious debate over the government's use of its power of eminent domain, as prescribed by the Fifth Amendment. It addresses such questions as: when should the government be allowed to take private property without the owner's consent? Does it depend on how the land will be used? Also, what amount of compensation is the landowner entitled to receive (if any)? The recent case of Kelo v. New London (2005) revitalized the debate, but it was only the latest skirmish in the ongoing struggle between advocates of strong governmental powers to acquire private property in the public interest and private property rights advocates. Written for a general audience, the book advances a coherent theory that views eminent domain within the context of the government's proper role in an economic system whose primary objective is to achieve efficient land use.

Abuse Of Power

Author: Steven Greenhut
Publisher:
ISBN:
Size: 57.82 MB
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An exploration of eminent domain looks at the concept of "public use," the injustice and unfairness inherent in the definition when it is based on tax revenue, and the people who are fighting back to preserve their property rights.

The Crisis Of The Middle Class Constitution

Author: Ganesh Sitaraman
Publisher: Knopf
ISBN: 0451493915
Size: 41.90 MB
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"Argues that America's strong and sizable middle class is actually embedded in the framework of the nation's government and its founding document and discusses the necessity of taking equality-establishing measures,"--NoveList.