Overturning Kelo?

"Rarely has a Supreme Court decision so enraged voters from both parties. The House promptly passed the Private Property Rights Protection Act of 2005 to deny federal funds to states and local governments that use eminent domain for private development. The bill passed overwhelmingly by a 376 to 38 vote in the House. Then, it went on to the Senate, where it died."

"Still outraged two years later, Rep. Maxine Waters, a very liberal Democrat from California, and Rep. James Sensenbrenner, a very conservative Republican from Wisconsin, held a press conference July 12 announcing a new version of the 2005 bill. 'We are here today to pick up the fight and hopefully prevent the observance of a three-year (Kelo) anniversary,' Sensenbrenner announced."

"Staffers from the Institute for Justice -- which so valiantly argued the Kelo case on behalf of the New London homeowners -- stood in support of the Waters-Sensenbrenner bill."

"'The Kelo court said that any private use -- like a hotel or big box store -- that generates the public benefit of tax revenue could be a 'public use,'' Waters noted. Like the Institute for Justice, she sees the unholy alliances that Kelo engenders -- and the likelihood that tax-hungry governments will allow low-income homes to be leveled to make room for pricier projects."

"As former Justice Sandra Day O'Connor, who dissented on Kelo, warned, 'The specter of condemnation hangs over all property. Nothing is to prevent the state from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory.' Another dissenter, Justice Clarence Thomas, wrote, 'Though citizens are safe from the government in their homes, the homes themselves are not.'"