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Month: July 2006

July 31, 2006

The Kelo Revolt

The Wall Street Journal comments on the Ohio Supreme Court's repudiation of private takings of land. In her opinion for a unanimous court this week, Ohio Supreme Justice Maureen O'Connor wrote, "For the individual property owner, the appropriation is not simply the seizure of a house. It is the taking of a home — the ...

July 31, 2006

Proposed Ballot Measure

by Timothy Sandefur Inquiring Minds reports that San Bernardino County, California (my home town) will be considering an initiative to ban the use of eminent domain for private uses. ...

July 31, 2006

Playing Musical Chairs With Businesses

Castlewatch has a story about the ways government uses eminent domain to take property away from businesses and to give the land to the competitors of that business. ...

July 27, 2006

More on Ohio Decision

Professor Ilya Somin offers a characteristically thoughtful and thorough analysis of the big Ohio Supreme Court eminent domain decision here.  Of special note is his take on the "heightened scrutiny" portion of the opinion, which Prof. Somin suggests could prove more important than the higher-profile economic benefit holding.  ...

July 26, 2006

Save our Homes First, Beaches Later

PLF filed an important property rights suit today in a Texas federal court.  The press release announcing the suit, which aims to protect property owners from the government's irrational application of the Texas Open Beaches Act, can be found here. ...

July 26, 2006

A Big Win for Property Rights

by Steven Geoffrey Gieseler This morning the Ohio Supreme Court struck what's surely the biggest post-Kelo judicial blow to eminent domain abuse in any state in the Union.  In Norwood v. Horney, the court unanimously held that in Ohio, mere economic benefit is not enough to allow governments to take private property.  Perhaps even m ...

July 25, 2006

Escondido Council Members Oppose Eminent Domain Proposal

Escondido, California, seems to be getting ready to use eminent domain to benefit Lowe's hardware. ...

July 25, 2006

Coalition Lobbies for Eminent Domain Restrictions

The Heartland Institute reports on attempts to get Congress to act on the eminent domain reform bill. ...

July 25, 2006

Forum Elicits Opposing Views on Eminent Domain

by Timothy Sandefur In St. Charles, Missouri, a debate rages about proposed guidelines for the use of eminent domain. This article once again employs a strange buzzword that keeps cropping up in these discussions: Lawyers, elected officials and St. Charles County residents described eminent domain as a redevelopment tool…." Okay, so it&# ...

July 25, 2006

Anderson Initiative Goes to Extraordinary Lengths to Limit Eminent Domain

The L.A. Daily Journal has an article today (unfortunately, subscribers only) regarding Prop. 90, the Protect Our Homes Initiative. Excerpt: Anderson Initiative supporters argue that eminent domain for redevelopment purposes does not work. Author Steven Greenhut, in his 2004 book "Abuse of Power" reports that the city of Garden Grove rack ...