Kelo's Backlash: Imminent Success?

by Timothy Sandefur

Bert Gall argues in this TCS article that Pejman Yousefzadeh and I are too pessimistic about the states' responses to the Kelo decision. But actually, I agree with Gall. For one thing, the version of the paper on which Yousefzadeh was relying is quite out of date, as Gall points out. In its most recent version (which I hope to post on line soon) I've softened my very pessimistic view of these reforms, because, as of today, about half of the new state laws limiting eminent domain provide meaningful protection for private property rights. Still, it's important to keep the weaknesses of some reforms in mind, so as to avoid making the same mistakes that were made in Alabama, Texas, and other states.