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The Grasping Hand: "Kelo v. City of New London" and the Limits of Eminent Domai

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Item specifics

Condition
Very Good: A book that has been read and does not look new, but is in excellent condition. No ...
Title
The Grasping Hand: "Kelo v. City of New London" and the Limits o
ISBN
9780226256603
Subject Area
Urban Planning
Publication Name
The Grasping Hand: Kelo V. City of New London and the Limits of Eminent Domain
Publisher
T.H.E. University of Chicago Press
Subject
Law
Publication Year
2015
Type
Textbook
Format
Hardcover
Language
English
Item Height
232 mm
Author
Ilya Somin
Item Weight
680 g
Item Width
161 mm
Number of Pages
336 Pages

About this product

Product Information

In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for public use, the Court ruled that the transfer of condemned land to private parties for economic development is permitted by the Constitution-even if the government cannot prove that the expected development will ever actually happen. The Court's decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and blight condemnations are unconstitutional under both originalist and most living constitution theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city's poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court's unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.

Product Identifiers

Publisher
T.H.E. University of Chicago Press
ISBN-13
9780226256603
eBay Product ID (ePID)
213465087

Product Key Features

Number of Pages
336 Pages
Language
English
Publication Name
The Grasping Hand: Kelo V. City of New London and the Limits of Eminent Domain
Publication Year
2015
Subject
Law
Type
Textbook
Author
Ilya Somin
Subject Area
Urban Planning
Format
Hardcover

Dimensions

Item Height
232 mm
Item Weight
680 g
Item Width
161 mm

Additional Product Features

Country/Region of Manufacture
United States
Title_Author
Ilya Somin

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