WSJ.com - Debate Pits Private Property Against Powers of the State
Nancy Levy sends this free Wall Street Journal piece on the pending USSC case of Kelo v. City of New London, which I have blogged about earlier. The issue is the meaning of the term "for public use" in the Fifth Amendment Takings clause ("nor shall private property be taken for public use without just compensation"). Specifically can a city use eminent domain to take private property for the stated "public use" of economic development, and then simply sell or lease it to other private owners who will develop it as a mall, condos, or some other use that is deemed more beneficial than its current use as an old, established, residential neighborhood? The case has been argued and a decision should be coming soon. Some of the briefs are on line. This article is a debate between economist Don Boudreaux and Harvard Law professor David Barron, who I happen to know. Thanks to Nancy for sending this, because it is very informative.