The State of Post-Kelo Eminent Domain Reform:

For months, the legal world has held its breath in anticipation of the long-awaited revised version of my paper on post-Kelo eminent domain reform - the first comprehensive analysis of the over forty state and federal eminent domain reform laws spawned by the political backlash stimulated by Kelo v. City of New London. OK, maybe not.... But the revised paper is ready anyway, and now available on SSRN.

Over the next couple days, I will be blogging about some of the new evidence I have gathered, especially new public opinion data showing that - despite the strong public sentiment against Kelo and economic development takings - the overwhelming majority of Americans are unaware of the state of post-Kelo reform in their states. The data is analyzed in detail on pp. 42-49 of the paper.

Bruce McCullough (mail):
Ilya,

I am hardly surprised that most Americans are unaware of the state of post-Kelo reform. Surveys have repeatedly shown that most Americans cannot name their own congressman.

Bruce
1.27.2008 6:35pm
Ilya Somin:
I am hardly surprised that most Americans are unaware of the state of post-Kelo reform. Surveys have repeatedly shown that most Americans cannot name their own congressman.

I have repeatedly noted both in this article and in many others that political ignorance is common. However, it's still important that most are ignorant of the state of affairs on an issue that drew enormous public outrage and press coverage. It also has an important impact on the quality of post-Kelo reform that we see.
1.27.2008 7:49pm
Gideon Kanner (mail):
The problem is that when too many people have it too good with respect to too many things, for too long a time, they develop a lack of appreciation for the downside of life, and of the need to anticipate solutions to problems before they become critical and painful. Hence you get an indifference to issues of moment until the sharp edge of those issues is felt. E.g., Social Security and Medicare financing, unfunded liabilities in various public and private pension plans, the negative savings rate, gigantic, accumulating trade balance deficits, the insane cost of housing, etc. So if people don't worry about those things enough to act, why would you expect them to worry about the improper exercise of the power of eminent domain?
1.28.2008 8:42pm