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Opening Arguments

So long, Kelo, maybe

Three cheers and all that for the House, but why did it take them so long to get around to it?

The House on Tuesday afternoon approved legislation that overturns a 2005 Supreme Court decision that affirmed the ability of states to take control of private property under the doctrine of eminent domain and hand it to another private developer.

That decision, Kelo v. City of New London, led to sharp complaints in particular from Republicans, who argued that the Court ignored the normal "public use" standard. Under that standard, eminent domain was seen as permissible only when the land or property taken would be retooled for public use.

It's difficult to choose the most outrageous court decision of my lifetime, but Kelo is right up there in contention. Property rights are fundamental in keeping government power in check, and Kelo pretty much gutted them. Wish I were confident the Senate would follow suit.

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