The state can take your dreams, too

Debra J. Saunders

Sunday, July 15, 2007

JOHN REVELLI vividly remembers the day the U.S. Supreme Court issued its infamous Kelo decision that allowed local governments to condemn private property under eminent domain, not only for public uses such as roads and schools, but also to accommodate private developers. "The Kelo decision," the former owner of Revelli Tires in Oakland noted over the phone, "that came out on June 23 of '05, and the deadline that the city put up against us to move out was July 1." The 5-4 ruling spelled curtains for Revelli Tires.

The U.S. Constitution states, "Nor shall private property be taken for public use, without just compensation." The big bench wrongly ruled that "public use" could be whatever states want it to be -- including private developments designed to expand the tax base. The ruling allowed the City of New London, Conn., to seize the land under Susette Kelo's "little pink cottage" and hand it over to a private developer for a development featuring high-end waterfront homes.