Eminent Domain Backlash
Unlike most of my fellow ideological travellers, I didn’t really have a problem with the Kelo v. New London decision. Make no mistake - I’m against eminent domain. But bad policy can be constitutional and good policy unconstitutional.
I saw Kelo as not only about a state government’s power to seize property, but also about the federal government’s power to tell states what they can and can’t do. Had the decision gone the other way, it would have disempowered the state of Connecticut, which would be good, but only by empowering Washington, which would be bad.
Now via Reason’s Jacob Sullum, I see that the governor of Connecticut and some of its legislature are calling for a moratorium on eminent domain for economic development projects while they consider changing the state’s laws.
If the laws get changed to restrict eminent domain powers, then Kelo will have been a success after all - a good constitutional decision provoking a good public debate leading to good policies.