Justice Thomas's Kelo Dissent: The Perilous and Political Nature of Public Purpose

Abstract

The exercise of eminent domain in the United States has victimized politically disadvantaged groups like minorities and the poor the most. As Professor Ilya Somin aptly noted in his recent book, The Grasping Hand, "[w}ealthy and politically connected property owners rarely suffer from economic development ... takings, because politicians and developers are usually savvy enough to avoid targeting them." Whether it is government taking private property for highways, roads, or schools, the common thread that weaves through all of these examples -- from the beginning of the country until now -- is that political actors have always decided whose property was to be taken. Since the beginning of time, the least powerful groups have always had the least political influence. And, people with the least political power are the people who pay the price of eminent domain.

Keywords: Eminent domain, poor, disadvantage, takings, public use, public purpose, economic development, condemnation, condemn, redevelopment, countermajoritarian, Kelo, hold out