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Eh, all the hubbub about Kelo showed a real misunderstanding of exactly what the SCOUTS ruled on. The facts and principles of the case really aren't all that controversial - the essential ruling was that economic development can be construed as having a public purpose under certain conditions, and this therefore is not inherently an unjust taking.

Furthermore, the Court specifically noted that these guidelines represent the broadest limit, and individual states (where the power of eminent domain actually lies) are free to take a more restrictive stance - in fact, many states already had such laws on the books.

The case essentially held up the status quo in terms of law. The political and populist backlash was more of a negative reaction to the circumstances of eminent domain than the actual law or principles therein.

by Alex B. on May 31, 2009 4:31 pm • linkreport

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