The grasping hand
Subtitle: Kelo v. City of New London and the limits of eminent domain
By: Ilya Somin
Publisher: University of Chicago Press
Published: 2015
Language: eng
Number of pages: 356
ISBN-13: 9780226256603
Copyright date: 2015
Subjects: Trials, litigation; Eminent domain; Zoning law; Land use; Law and legislation; Cases
Description: In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn 15 residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for 'public use,' the Court ruled that the transfer of condemned land to private parties for 'economic development' is permitted by the Constitution even if the government cannot prove that the expected development will ever actually happen. The court's decision in Kelo volume City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error.
Notes: "A Cato Institute book."

Includes bibliographical references (pages 253-344) and index.
Table of contents: title: The trouble in Fort Trumbull; title: From public use to public purpose; title: The perils of public purpose; title: The Kelo decision; title: The political backlash; title: Why the backlash often fell short; title: The judicial reaction; title: Should blight and economic development takings be reformed or banned?