I have a column on Post-Kelo eminent domain reform that has just been published on the Reason magazine website. Here’s a brief excerpt:
The Supreme Court’s 2005 decision in Kelo v. City of New London generated a massive political backlash. Kelo endorsed the condemnation of private property for transfer to other private owners in order to promote “economic development. . .” Polls show that 80 to 95 percent of Americans oppose the decision, including overwhelming majorities of Democrats, Republicans, women, men, and members of every major racial group. Many observers, such as Judge Richard Posner, predicted that the political response to Kelo would be so strong that it could obviate the need for judicial protection of property rights. Some states have made real progress. But the Kelo backlash hasn’t been nearly as effective as many expected.
The column is based on my academic paper on post-Kelo reform.
I also borrow a bit from this paper, which addresses the question of whether post-Kelo reform is bad for the poor.