Justice Stevens’ majority opinion in Kelo v. City of New London, 545 U.S. 469 (2005) held the government’s public use determination isoff-limits if thedetermination was the result of a “comprehensive plan,” regardless ofwhether than plan has any realistic chance of actually beingaccomplished. Thus, property owners can be forcibly dispossessed of their homes based merely on the government’s “belief”  and “hope” a planwill succeed:

TheCity has carefully formulatedan economic development plan that it believes will provide appreciablebenefits to the community, including–but by no means limited to–newjobs and increased tax revenue. As with other exercises in urbanplanning and development,the City is endeavoring to coordinate a variety of commercial,residential, and recreational uses of land, with the hope that theywill form a whole greater than the sum of its parts. To effectuate thisplan, the City has invoked a state statute that specifically authorizesthe use of eminent domain to promote economic development. Given thecomprehensive…

Continue Reading Kelo Reality Check: “Belief” And “Hope” Aren’t All They’re Cracked Up To Be