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What the Supreme Court touched off with its eminent domain decision. BY JONATHAN V. LAST
A year ago, before the Supreme Court issued its decision in Kelo v. New London, the abuse of eminent domain was practically invisible. Today it's a hotbutton issue in nearly every state in the Union-not least in Ohio, where the state supreme court last month unanimously blocked the city of Norwood's attempt to clear out a middle-class residential neighborhood to make way for a private developer to build condominiums, offices, and retail space.
It's worth revisiting the oral argument in City of Norwood v. Joseph P. Homey et al, which took place before Ohio's high court on January 11. One exchange in particular captures the passions stirred by the controversy over eminent domain.
Attorney Timothy Burke, arguing for the city, explained that the neighborhood could be taken and handed over to the developer because it was deteriorating owing to a "diversity of ownership"-that is, lots of people owned their own homes. Asked by one of the justices why the city government alone should be allowed to control property ownership, Burke replied, "These are the folks who live there. They've lived there all their lives, they've walked those neighborhoods, they've seen how it has changed. They've made a decision." Another justice interjected, "Counselor, couldn't the same argument be made for the homeowners?"
The packed courtroom erupted in laughter. And then applause. After the arguments were concluded, one of the justices could be heard over an open mike asking his colleagues, "Is this as big a crowd as we've ever had?"
In the Kelo case in June 2005, the U.S. Supreme Court held, 5-4, that it was permissible for the government to seize property by eminent domain not just for "public use" as the Constitution specifies, but for "public purpose"...