THE KELO DISCUSSION over at SCOTUSblog continues, with the latest post coming from Bob Ellickson, who observes: “In short, the Institute for Justice should be delighted that popular opinion has moved so sharply its way. I actually worry that political opposition to eminent domain may go too far, as it has in Japan, where completion of the second runway at Tokyo’s Narita Airport has proved to be impossible.”
I think we’re a long way from that. Most everyone I’ve heard opine on Kelo thinks that takings for public works are fine; the opposition is to taking for the sort of “economic development” project that Ellickson agrees tends to be a boondoggle. The danger, however, is that the public may grow sufficiently disgusted with the boondoggles that it stops making that sort of distinction. I don’t think we’re close to that situation, either, but I don’t think this decision is helping.
UPDATE: Bill Hobbs has been asking candidates about Kelo and is posting their responses.