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The New DU. Reply #53: Kelo was based on a state law, though....
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jberryhill
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Wed Nov-25-09 04:11 PM
Response to Reply #18 |
| 53. Kelo was based on a state law, though.... |
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Edited on Wed Nov-25-09 04:11 PM by jberryhill
Most people don't realize that Kelo has no relevance in most states.
The breadth of eminent domain available to any state government is determined by that state's eminent domain law.
Most states already do not permit takings for the purposes discussed in Kelo, rendering the entire point moot in those states.
The question in Kelo was whether the breadth of that state's law was constitutional.
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