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House Judiciary Committee Revisits Kelo, Decides State of Property Rights Not Good

Ten years ago, the United States Supreme Court effectively scratched the line “for public use” from the Fifth Amendment’s Takings Clause, which allows the government to take and repurpose private property. The 5-4 decision in Kelo v. New London said that property may be taken from one private owner and given to another private owner if it will generate more revenue for the city.

07/10/2015
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Grassroots Response to Kelo Decision

Today represents the tenth anniversary of the Supreme Court’s decision in Kelo v. City of New London. The Supreme Court issues decisions in around eighty cases each year. Some of those decisions, like Kelo, are closely contested 5-4 decisions. But Kelo has been unique because of the response that came from the public.

06/23/2015
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Kelo v. New London: How the Supreme Court Gutted Constitutional Protections for Private Property

Ten years ago today, the United States Supreme Court fundamentally changed the meaning and purpose of the Takings Clause of the Fifth Amendment, which allows for the use of eminent domain for “public use,” such as a road. But in a 5 to 4 decision, the Court ruled that eminent domain could be used to take property from a private citizen for purposes other than a public use.

06/23/2015
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Kelo v. New London: Central Planning Does Not Work, Ruins Lives

Last Thursday, the Cato Institute held an event foreshadowing the tenth anniversary of the Supreme Court’s Kelo v. City of New London decision and celebrating the release of Ilya Somin’s new book, The Grasping Hand: “Kelo v. City of New London” & the Limits of Eminent Domain. There was an impressive cast of presenters with welcoming remarks by Richard Epstein, keynote delivered by Rep. Tom Reed (R-NY) and panelists which included attorneys that represented both sides in oral arguments before the Supreme Court.

06/15/2015
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Blog

Taxpayers shouldn't be on the hook for baseball teams' stadiums

In the 1989 movie, Field of Dreams, Terrance Mann, a reclusive civil rights hero played by James Earl Jones, gave a passionate speech in the climax of the movie in which he described the love-affair Americans have with baseball, our national pastime. "The one constant through all the years, Ray, has been baseball. America has rolled by like an army of steamrollers. It's been erased like a blackboard, rebuilt, and erased again,” Mann said.

04/06/2015
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Has eminent domain abuse backfired?

In June 2005, the Supreme Court effectively gutted the Takings Clause of the Fifth Amendment, ruling in Kelo v. New London that governments could take private property not just for public use but also for private purposes. This case involved Susette Kelo and other homeowners who resided in New London, Connecticut's Fort Trumbull neighborhood who were fighting the local government for its use of eminent domain for economic development purposes -- the theft of property from private owners to another.

10/17/2014
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Blog

A Case You Should Know About From Each Circuit Court: Part 2

Covering one decision from Circuits 6 through 11, this article is Part 2 of a collection of court cases that you should know about. Court activism throughout the country affects you and your rights so take a glance at the cases below to see the precedents being established that are threatening your civil liberties.

08/01/2014
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Blog

Protecting Private Property

The last clause in the Fifth Amendment to the U.S. Constitution reads, “nor shall private property be taken for public use, without just compensation.” This is the provision used to defend the use of eminent domain laws, in which the government seizes private property without the consent of the owner, in order to serve some public purpose. Railroads, interstate highways, and other projects that require large swaths of land are frequently cited as justifications for the law, as it is unlikely that they could have completed—at least not without a significantly higher cost—if private land owners could simply refuse to sell to the government, regardless of the offered price.

04/23/2014
Fight For Property Rights Advances: New York Appeals Court Accepts Atlantic Yards Case
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Fight For Property Rights Advances: New York Appeals Court Accepts Atlantic Yards Case

07/02/2009