Kelo Backlash Could Lead to Restoration of Property Rights Lost to Smart Growth and Eminent Domain Abuses

I haven’t read this yet, but will this evening – from the Heritage Foundation.
Excellent analysis of the impact this ruling will have on development and our property rights.

Who knew?

Such differences in approach often spill over into land-use restrictions. While Oregon’s growth boundary forced development into increasingly crowded urban areas, Maryland’s vague policies achieved little measurable change. Loudoun County’s plan actually encouraged sprawl by establishing minimum lot sizes of 5, 10, and 25 acres depending upon the plot’s location in the county. Thanks to Loudoun’s harsh regulations, suburban development in Washington, D.C., has since leapfrogged into West Virginia. … workers confront 4-hour daily commutes …

The beginning of the concluding section:

There may be a silver lining in all of this: Kelo is not merely a bad decision, but one so utterly repellent that it has flamed a firestorm of anger and rebellion across the nation. Concerned citizens now know that, thanks to Justice Stevens and his colleagues, when the wealthy and powerful covet their property, they are without any protection, stripped of their basic Constitutional rights. Distilled to its essence, Justice Stevens’s ruling has not just entitled the rich to prey upon the poor, but it also supports a process that encourages them to do so and thereby grants planners the resources and violence of the state to facilitate their acquisitive interests. Perhaps not since Dred Scott have the weak been so abused by the nation’s highest court.

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