Putting Kelo in Perspective

20 Pages Posted: 14 Oct 2016 Last revised: 10 Mar 2017

See all articles by Ilya Somin

Ilya Somin

George Mason University - Antonin Scalia Law School

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

Somin, Ilya, Putting Kelo in Perspective (October 10, 2016). Connecticut Law Review, Vol. 48, No. 5, 2016 (Symposium on Kelo v. City of New London) , George Mason Legal Studies Research Paper No. LS 16-33, Available at SSRN: https://ssrn.com/abstract=2850695

Ilya Somin (Contact Author)

George Mason University - Antonin Scalia Law School ( email )

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HOME PAGE: http://sls.gmu.edu/ilya-somin/

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