The Tyranny of Local Government

FreemanVol. 55 Nbr. 9, November 2005

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Summary


Local governments have been razing property rights in the name of public interest for years. The recent decision rendered by Supreme Court in Kelo v. City of New London affirms that the seizure of private property by the government in the name of economic development is consistent with the Takings Clause of the Fifth Amendment. Here, Messino discusses the impact of the recent decision.

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Extract


The Tyranny of Local Government

Thanks to the recent decision rendered by the Supreme Court in Kelo v. City of New London, citizens across the nation have a new reason to fear government. The decision affirms that the seizure of private property by the government in the name of economic development is consistent with the Takings Clause of the Fifth Amendment. This alone does not destroy the property rights of every landholding individual. But it does give states the power to move in that direction.

In reaction to the rising fear among citizens, a few states have either reiterated or redefined their laws in favor of private property. While this is comforting for the moment, chances are that with the big nod from the Supreme Court, l...

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