Son of "Kelo"
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The Bowers case involves New York developer Bryan Bowers who challenged the decision of a county redevelopment agency to condemn his property and then give it to another developer to use as a private parking lot.
Most states prohibit this abusive practice but not New York.
Justice Chase (not long after the Bill of Rights was written) rejected this type of abuse:
“An act of the Legislature (for I cannot call it a law) contrary to the great first principles of the social compact, cannot be considered a rightful exercise of legislative authority … . A few instances will suffice to explain what I mean… . [A] law that takes property from A. and gives it to B: It is against all reason and justice, for a people to entrust a Legislature with such powers; and, therefore, it cannot be presumed that they have done it.” Calder v. Bull, 3 Dall. 386, 388 (1798) (emphasis deleted).
Much has changed on the Court since 2005. It is possible that the new majority could finally correct the mistake made in Kelo. While most states have barred this abusive practice, states like New York still leave property owners at the mercy of local officials who use eminent domain to transfer property between citizens.
For Susette Kelo, she had little chance to fight a major pharmaceutical company for her home. The Supreme Court just looked on passively after local officials seized her home because she was not nearly as valuable to them as Pfizer. This abusive use of eminent domain is not just an invitation for corrupt dealings but a denial of the core protections of individual citizens under our Constitution.
It is time for Kelo to be set aside. The Court has that opportunity with Bowers.
