Blogs > HNN > Kelo

Sep 2, 2006 6:28 pm


First problem, identified by Walter Dellinger: as long as the government pays fair market value to the owners, the Takings Clause"assumes and affirms government power to take private property."

Second problem, from Charles Fried:

The court might have reined in local governments from bulldozing private property rights by at least demanding some heightened legal inquiry into the government's claim that its action will bring about a public benefit. But Justice John Paul Stevens, writing the majority opinion for the court, would have none of that: While intoning the formula that a pure grab to favor cronies of the state would not be tolerated, he refused to consider even the mildest boost to judicial scrutiny. Justice Anthony Kennedy seemed to see this point. In a concurrence, he expressed hope that the court would not be powerless to curb abuses of government power—but then unaccountably he joined Stevens's opinion holding that the state can do no wrong.

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