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July 11, 2005

JOHN FUND NOTES that opposition to Kelo spans the political divide.

As it should. Excerpt:

In 1954 the Supreme Court declared in Brown v. Board of Education that racial segregation in public schools was unconstitutional. But that same year it also ruled in Berman v. Parker that government's power of eminent domain could be used to seize property in order to tear down "blighted" areas.

It soon became clear that too often urban renewal really meant "Negro removal," as cities increasingly razed stable neighborhoods to benefit powerful interests. That helps explain why 50 years later so many minority groups are furious at the Supreme Court's decision last month to build on the Berman precedent and give government a green light to take private property that isn't "blighted" if it can be justified in the name of economic development.

I'm surprised at how much resonance this issue has. I think some smart politicians will make it an issue in 2006 and 2008, and I think it will come up in Supreme Court confirmation hearings, too.

UPDATE: Here's a report on legislative responses to Kelo around the nation. (Via Volokh).

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