Description
Ilya Somin’s The Grasping Hand: Kelo v. New London and the Limits of Eminent Domain is the definitive review of one of the most controversial Supreme Court cases of the 21st century. Somin provides a thorough analysis of the case’s historic and factual background along with the broader history of American public-purpose takings and the challenges posed by economic-development takings. The book offers a detailed account of the trajectory of theKelo case itself, from the neighbors electing to fight their eviction through finding legal representation via a collection of strange-bedfellow public-interest groups. The litigators’ strategies are examined and Somin brings us into the Supreme Court to scrutinize the thrust and parry of oral argument. Somin’s close reading and incisive critique of theKelo opinion is the heart of the book. Holding that the Court made several serious doctrinal errors, Somin carefully parses the majority opinion, concurrences, and dissents to show where the Justices went wrong, and even offers some responsible speculation about why. A notably unpopular verdict, Kelo sparked significant political backlash. Somin takes a qualitative and quantitative tour through the large number of new state laws passed in the wake ofKelo, studying the mechanisms by which they were passed, their effectiveness, and public awareness of these new laws. The work concludes with recommendations toward reform, or prohibition, of takings justified on the premise of blight or hoped-for private economic development.
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In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for “public use,” the Court ruled that the transfer of condemned land to private parties for “economic development” is permitted by the Constitution—even if the government cannot prove that the expected development will ever actually happen. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.
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