Out of Control Policy Blog

Good News on Eminent Domain Front

In a recent post, I mentioned a Wall Street Journal article that expressed concern that the Bush Administration might file an amicus brief in the upcoming Kelo vs. New London Supreme Court case that would support the anti-property rights position of the City of New London.

But, to his credit, the President has apparently decided to make a stand for the "Ownership Society" by refraining from filing a brief:

    "The Wall Street Journal recently reported the U.S. Department of Justice was considering filing an amicus brief in support of New London's power to take Kelo's home. Such an action would have openly contradicted Bush's statements regarding the importance of private-property ownership.

    This week the deadline for filing amicus briefs passed without intervention by the Bush administration. This case now goes to the Supreme Court, which will establish whether or not government has unlimited power to seize your property and transfer it to another private entity if the government can simply project greater tax revenue than you now pay.

    The president shrewdly avoided a misstep this week in deciding not to undermine the constitutional rights that protect all American property owners and bolster our nation's economy."

Kudos to the President on this one. For more on this case, see here.

(Hat tip: Eminent Domain Watch)

Leonard Gilroy is Director of Government Reform


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