The Kelo Decision

Paper Summary:

In this essay, the writer examines the fairness of the outcome of the Kelo case. The writer explains that this is a controversial case questioning whether the government's eminent domain power could be used to help private parties take private homes, land and businesses for private commercial development. The writer notes that the court approved the exercise of the power on behalf of a private party, which is a decision largely criticized by individuals, politicians and organizations across the country. The writer concludes that providing a more "just" measure of compensation would leave the final decision about when to exercise the eminent domain power in the hands of local elected officials who are politically accountable to local citizens.

Outline:
Introduction
The Kelo Decision
Reactions to the Decision
Definitions and Meanings
Conclusion

From the Paper:

"While critics have every right to push Congress to enact legislation that will "protect" the property rights that they believe the Kelo decision took away, it is important to understand what exactly the Kelo decision did and did not do."
"As a result of this case, the public largely criticized political leaders, saying that the Kelo case favors the rich at the expense of the poor. In addition, many argue that the developments often offer little benefit to the communities they promise to improve. Since the case, numerous states have implemented state legislation that restricts the state's own power of eminent domain. The Supreme Courts of Illinois, Michigan, Ohio and Georgia do not allow such takings under their state constitutions."

Sample of Sources Used:

• Fund, John. (July 11, 2005). Property Rights Are Civil Rights: Opposition to the Kelo decision crosses racial and party lines. Jewish World Review: 4 Tamuz 5765.
• McEowen. (November, 2005). The Kelo case and eminent domain -- setting the record straight and a proposal for reform. AgDM Newsletter.
• Urbigkit, Cat. (December 4, 2006). Eminent Domain: Kelo case made history. www.pinedaleonline.com

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