Putting Kelo in Perspective
20 Pages Posted: 14 Oct 2016 Last revised: 10 Mar 2017
Date Written: October 10, 2016
Kelo v. City of New London was in line with precedent, and within the “mainstream” of legal thought. But that is not enough to justify it. Like many of the Supreme Court’s worst decisions, it highlights the ways in which the mainstream can go disastrously wrong. Going forward, the best way to rectify Kelo’s errors is to overrule it completely, rather than rely on half-measures, such as building on Justice Anthony Kennedy’s hard to interpret concurring opinion.
Keywords: Fifth Amendment, takings clause, constitutional law, eminent domain, public use, property law, economic development
JEL Classification: K11
Suggested Citation: Suggested Citation