This is the Cato Daily Podcast for Wednesday, April 9, 2008.

I'm Caleb Brown.

Now years later, how have states performed in restricting the use of eminent domain following the Kilo decision.

I'lla Soman, a law professor at George Mason University, and an adjunct scholar of the Kido Institute,

discusses the progress.

Eminent domain following the Kilo decision, why isn't that a bigger issue in the presidential

campaign it's it's a good question I think there's probably a couple of reasons

one is that some 42 states have passed what seem like post-QO reform laws, so perhaps a lot of people

perceive that the problem has been, quote unquote, solved.

A second reason is that there are powerful interest groups in both parties that do benefit

from broad eminent domain powers such as local government officials, certain politically connected developers.

So maybe the combination of those two factors is what plays into it.

I think it's also possible, I hope it's possible that some of the campaign

strategists have simply failed to see a good political opportunity here. I think

that's potentially possible, but I certainly can't guarantee that if they were to raise the issue

that would be an automatic winner even though it is true that over 80 or 90 percent of the public

say in surveys that they oppose these kinds of condemnations for economic development of the kind the Kilo said were were permissible.

If you look at the briefs that were filed in the Kilo case, there was a broad coalition of groups on behalf of Kelo.

And the groups that were on the other side were these local governments like you talked about.

It seems like if this isn't an issue that politicians could hammer the podium podium on it's just confusing that that hasn't occurred.

Well I would say two things about that. One is that it's absolutely true there is a broad coalition of groups that supported property rights in this case.

For instance, the NAACP and several other liberal groups filed their own amicus brief supporting the property owners because they recognize that these kinds of

...