On June 23, 2005, when Justice John Paul Stevens announced the majority opinion in Kelo v. City of New London, the national outrage was palpable. The United States Supreme Court held that a Connecticut statute permitting local governments to condemn private property for the purpose of economic redevelopment was consistent with the Constitution’s “public use” requirement for the exercise of eminent domain. Popular magazines, newspapers, talk show hosts, and local, state, and national politicians joined in a nearly unanimous condemnation of the ruling. As of this writing, legislation aimed at “overturning” Kelo, or at least ensuring that its precepts are legislatively blocked, has been
introduced in forty-five states.4 Congress is now considering legislation with similar intent.