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Product details
File Size: 3676 KB
Print Length: 378 pages
Publisher: University of Chicago Press; First Edition, Enlarged edition (November 29, 2016)
Publication Date: November 29, 2016
Sold by: Amazon Digital Services LLC
Language: English
ASIN: B077SNBWZM
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Amazon Best Sellers Rank:
#992,687 Paid in Kindle Store (See Top 100 Paid in Kindle Store)
This is an extremely engaging and well-written work on the Kelo Decision and Eminent Domain. Ilya Somin has done a great job of explaining the Kelo decision – the specifics of the case, how we got to a point where this decision could happen, and how we can better understand the aftermath.Somin begins by giving the history and background of the Kelo v City of New London case. His second chapter shows how the “public use†clause got expanded to public purpose. He covers the history of the “public use†clause from the Founding Era, through the changes with the Fourteenth Amendment and into the Progressive Era (culminating in the Berman and Midkiff cases). This is one of the best chapters in the book and, in my mind, this chapter alone is worth the price of the book.In the chapter on the “Perils of Public Purposeâ€, we learn a lot of about the unexpected impacts of condemnations and blight takings. While these often sound reasonable, the impacts are often quite different than one would expect. Here is an important passage: “over the years, the concept of ‘blight’ has been expanded so far that, in many states, almost any area can be declared blighted and thereby open to condemnation.â€He then discusses the Kelo decision itself and its aftermath. Here are just a few of the things you will learn:• The erroneous analysis by a Supreme Court justice (admitted by the justice himself)• The Political backlash and why its success was not as great as it first seemed• The role of Rational Ignorance – “The majority cannot defeat the ‘sinister views’ of a well organized minority, if the majority does not know what is going on.â€â€¢ The danger of judicial deference (to legislatures) and the importance of judicial review and judicial engagement• Detailed analysis of several ideas on how to limit eminent domain abuseSomin concludes with some key lessons from the Kelo case and its aftermath. He notes some reasons for optimism and closes the book as follows:“Kelo was far from the end of the struggle to confine the grasping hand to its proper, strictly limited, place. But by shattering the dominance of a misguided orthodoxy, it achieved a breakthrough that may in time be remembered as the end of the beginning.â€I highly recommend this important work for understanding the Kelo decision, Eminent Domain, the Perils of Public Purpose. For those of us who understand the importance of property rights to individual freedom, this book is indispensible in showing the dangers of “The Grasping Hand.â€
Since Kelo v. New London was decided, Professor Somin has been a leading commentator on the case, and its aftermath. This book is the crowning achievement of his work on the case, and serves as a definitive treatment of eminent domain.
Highly recommended!
great book!
Some portions of this book were really enlightening. Learning about the history of eminent domain, as well as eminent domain abuses up to and including the Kelo case, were probably the most informative parts of the book. The hardest part of the book to grasp -- and, frankly, which I skipped pretty much altogether -- was the survey and evaluation of state initiatives to curb eminent domain abuses. I just didn't see the value in an exhaustive explanation of what each state did and how well their solutions worked -- something more of a summary would have been nice.What's also lacking from the book is any kind of proposed solution from the author. I know that the author has published a proposed Constitutional Amendment in the Washington Post, but it isn't featured here at all.Probably the scariest takeaway you'll get from the book is the fact that (thankfully) retired Supreme Court Justice John Paul Stevens now thinks that the Fifth Amendment's "public use" clause doesn't restrict eminent domain AT ALL, which is why Congress should seriously be looking at an Amendment to the Constitution, whether it's the author's Amendment or something else.
Excellent book!
My rating is an average of Great and TMI. The book is way too detailed for any reader other than one involved in fighting the condemnation of private land in order to make life easier for a politically well-connected developer. . But for for the attorney trying to beat the odds, Somin has compiled a truly impressive compendium of all the relevant cases, and the discouraging way in which even the strong public rejection of Kelo has had little long term impact. For such attorneys and their hapless clients, the news is all bad--the overwhelming probability is that the landowner will spend a lot of money on legal fees, and lose.Which is scarcely surprising. The tale of public efforts to control the government is an oft-told one. Many state Constitutions prohibit the government--often the legislature--from doing things that favor the well-connected. But like the prisoner trying to escape from jail, too many legislators and their favored friends have little to do of greater value than finding ways around such restrictions. As time passes Constitutional provisions and prison walls will be breached. And so it has been, and probably will continue to be, with efforts to control government's efforts to wrest property from its current owners to give it to those who will make a "better" use of it, and reward their friends in government for all their help.What is most distressing is, as Somin repeatedly reminds the reader, that the land owners most often abused in these cases are the poor and powerless. And yet many of those fighting any limitation of eminent domain style themselves "progressives", supporting the government despite the damage it is doing to those for whom the progressive purports to act.My only technical criticism relates to a tangential issue--when was it "discovered" that the 14th Amendment incorporated some or all of the Bill of Rights? At one time Somin suggested that it was at its adoption; in the 1860's at other times he places the date much later. A nagging question for me, because about all I remember of Constitutional Law is that the active use of this "discovery" was a Depression-era event. But whatever the date, it is not one that affects the strength of his basic message, failure of the Courts to constrain over-use of the government's power to take property away from its citizens, and give it to some other private property is a power easily susceptible to abuse, and often abused, often to the detrriment of the poorest and least powerfful..
Excellent history of how greed and cronyism destroy liberty and hope for citizens even in America!
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