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Eminent Domain Protection’s No Done Deal
By Todd | December 3, 2007
As a reminder for the up coming legislative session:
Commentary
Eminent Domain Protection’s No Done Deal
By Jason Pye
This month (May 2007) marks the second anniversary of the infamous Kelo v. New London decision, a case where the U.S. Supreme Court ruled that the taking of private property (the practice known as eminent domain) from an individual or a group of individuals and giving it to a private entity on the basis of economic development is a legitimate function of government.
The outrage against the high court’s Kelo decision was the impetus for legislative efforts across the country. Many of these bills lacked any real substance, however, and did very little to protect property rights. The most effective legislation was passed in Florida, where a new constitutional amendment forbids the taking of private property even to eliminate blight. The Castle Coalition, the property rights arm of the Institute for Justice, described Florida’s law the “model for state legislatures.” more…
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