A resurgence of eminent domain abuse
“The Supreme Court’s 2005 decision in Kelo v. City of New London, which allowed state and local governments to take private property and transfer it to other private owners to promote “economic development” generated a massive political backlash. Although many of the new laws were ineffective, the combination of strong reforms in some states and negative publicity in others did help reduce eminent domain abuse, even if it did not eliminate it. However, as Dana Berliner of the Institute for Justice shows in this recent Wall Street Journal op ed, abusive takings are now making a comeback, at least in many states. Berliner is one of the public interest attorneys who represented the property owners in Kelo, and is a leading expert on eminent domain. Here is an excerpt from the op ed:
In Atlantic City, a state agency recently decided to bulldoze the home that Charlie Birnbaum’s parents bought 45 years ago and that he now uses as a piano studio and a base for his piano-tuning business, as well as renting out two suites. New Jersey’s Casino Reinvestment Development Authority wants to replace it with an unspecified private development around the Revel casino, which emerged from bankruptcy a year ago.”
Somin, Ilya. THe Washington Post 17 May 2014.