Article: Kelo v. City of New London: is eminent domain for economic development public use or public abuse?

ABSTRACT

The U.S. Supreme Court's majority opinion in the eminent domain case of Kelo v. City of New London is one that elicited public outrage, abundant commentary, and wide-spread condemnation--pun intended. In a passionate dissent, Justice Sandra Day O'Connor stated that "[a]ny property may now be taken for the benefit of another private party." Given that perceptions can be formed with virtually no information, limited information, or misinformation, and given the public's outcry over the Kelo decision, a close examination of what the case actually said might be in order. Is the alarming reaction to Kelo well-placed indignation or unwarranted hysteria?

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