Kelo v. City of New London [SCOTUSbrief]

As one of the most widely hated decisions in the history of the Supreme Court, Kelo v. City of New London dealt with the use of eminent domain to seize private property, including the infamous “little pink house,” to sell to private developers.

When can the government use eminent domain to take private property? Ilya Somin of George Mason University’s Antonin Scalia Law School discusses precedent and public use in Kelo v. City of New London.

#law #scotus #supremecourt #fifthamendment #eminentdomain #propertyrights

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.

Learn more about Ilya Somin:
https://www.law.gmu.edu/faculty/directory/fulltime/somin_ilya

Follow Ilya Somin on Twitter @IlyaSomin
https://twitter.com/IlyaSomin

“The Grasping Hand: "Kelo v. City of New London" and the Limits of Eminent Domain”
https://a.co/d/5NcnlOa

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Related Links & Differing Views:

The Wall Street Journal: “Debate Pits Private Property Against Powers of the State”
https://www.wsj.com/public/resources/documents/econoblog05192005.htm

SCOTUSblog: “Court upholds property seizure in New London”
https://www.scotusblog.com/2005/06/court-upholds-property-seizure-in-new-london/

Ecology Law Quarterly: “Kelo v. City of New London: The More Things Stay the Same, the More They Change”
https://www.jstor.org/stable/24114604

Maine Law Review: “Kelo v. City of New London —Wrongly Decided and a Missed Opportunity for Principled Line Drawing with Respect to Eminent Domain Takings”
https://mainelaw.maine.edu/faculty/wp-content/uploads/sites/4/delogu-mlr-58.pdf

The Yale Law Journal: “Looking Back Ten Years After Kelo”
https://www.yalelawjournal.org/forum/looking-back-ten-years-after-kelo

The Federalist Society: “Originalism and Constitutional Property Rights Jurisprudence”
https://fedsoc.org/commentary/videos/originalism-and-constitutional-property-rights-jurisprudence

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