Should Republicans go ahead and add Supreme Court Justices to head off Democrats

A backlash from Kelo decision

Washington Post:

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Here in Missouri and all over the country, the court's decision in Kelo v. City of New London has sparked a furious reaction, with politicians of both parties proposing new legislation that would sharply limit the kind of seizure the court's decision validated.

As a result, a decision first seen as a key legal victory for cities that want to use eminent domain for private projects has turned into a major setback on the political front for pro-development interests.

The popular backlash has slowed or blocked many pending projects, as developers, their bankers and local governments suddenly face public furor.

In Sunset Hills, the bank that planned to finance the proposed new mall abruptly withdrew its funding amid a noisy political argument after the Kelo decision. That means the Wrights' home is safe, for the time being -- but hundreds of their neighbors who had agreed to move out are left in limbo.

Three states have already passed new laws in response to the Kelo decision.

The statutes in Alabama and Texas sharply curtail eminent-domain condemnations for private development. "We don't like anybody messing with our dogs, our guns, our hunting rights or trying to take property from us," said state Sen. Jack Biddle, a sponsor of the Alabama law. Delaware's new statute permits condemnation but sets new procedural requirements for local governments.

Larry Morandi, an analyst at the National Conference of State Legislatures, predicts a rush of new laws next winter, when 44 state legislatures will be back in session.

"Most if not all state legislatures will be dealing with eminent-domain laws next year," Morandi said. "The outcry has been so sharp that many states already have task forces or study committees at work on this issue this summer. Most of the proposed legislation is designed to restrict the kind of governmental action that the court upheld in Kelo ."

The developer can still do the project without dondemnation of the remaining 25 homes. He just has to offer them a higher price. At some point the 25 will accept or see their house enveloped by the mall. There is nothing wrong with letting the market place work on commercial developments.