KELO: Five Years Later
by Bob EwingThe Little Pink House that changed America still stands strong.
Five years ago this week, the U.S. Supreme Court issued what would soon become one of the most despised decisions in its history. In a controversial 5-4 opinion, the Court ruled in Kelo v. City of New London that governments could take your home—or business, farm or church—and hand it over to another private individual, provided the new owner promised to generate more tax revenue with your property.
The Institute for Justice, the libertarian public interest law firm that litigated Kelo and cases like it around the country, just released this video announcing that, while they lost the Kelo battle, they are winning the eminent domain war:
Simply put, the backlash to Kelo has been unprecedented. In the past five years:
- 9 state high courts have limited eminent domain powers
- 43 state legislatures have passed greater property rights protections
- 44 eminent domain abuse projects have been defeated by grassroots activists
- 88 percent of the public now believe that property rights are as important as free speech and freedom of religion
The U.S. Supreme Court typically leads the state courts, which usually adopt its rulings and interpret state laws in a similar manner. But with Kelo, the exact opposite happened. In January 2006, the Ohio Supreme Court ruled unanimously to reject the Supreme Court’s eminent domain analysis. The Oklahoma and South Dakota supreme courts soon followed in expressly rejecting the high court decision. So far, Kelo has prompted nine state high courts to limit eminent domain powers.







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