Ten Years after the Kelo Decision
Cato Podcast
Cato Institute
4.5 • 979 Ratings
🗓️ 8 June 2015
⏱️ 15 minutes
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| 0:00.0 | This is the Cato Daily Podcast for Monday, June 8th, 2015, and Keila Brown. |
| 0:06.0 | This month marks 10 years since the biggest eminent domain case ever before the US Supreme Court in Keelove, |
| 0:11.6 | the city of New London, Connecticut. The case found that |
| 0:15.0 | public use is no longer the standard for taking property from the public, only |
| 0:20.1 | public purpose matters. |
| 0:21.7 | Ilia Sowman is author of the new book The Grasping Hand which looks at the Kilo decision. |
| 0:27.0 | We spoke last month. |
| 0:28.0 | I think two things have changed. |
| 0:30.0 | One is that before Kilo there was a near consensus among law professors, judges, and other |
| 0:37.2 | experts that the government should be able to take private property for almost any reason |
| 0:42.0 | at once, |
| 0:42.9 | and the people who thought that the public use restrictions |
| 0:46.4 | of the Fifth Amendment, people who thought |
| 0:48.3 | that those were at all meaningful, |
| 0:50.0 | were either ill- inform about constitutional law or |
| 0:53.8 | extremists who could be discounted. |
| 0:56.0 | Now, thanks to Kilo, we have a big debate over this issue |
| 0:59.9 | when it's become mainstream to argue that public uses a real constraint and should really |
| 1:05.4 | be used to limit eminent domain. |
| 1:07.5 | The second thing that has changed is that 45 states have passed eminent domain reform laws since Kilo. |
| 1:14.1 | Well, many of those are not really effective. |
| 1:16.6 | There are good many that are. |
... |
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