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Thursday, December 21, 2006

More on Kelo's Christmas Card

Here is an article that includes a picture of Kelo's Krabby Kard.

Her attitude is less than gracious, but it does illustrate the destructive force that eminent domain decisions can bring to bear on ordinary persons whose homes are taken and whose lives are turned upside down. Even generous "just compensation" cannot always heal the wounds that are sometimes caused when homes are taken. It reminds me of Holmes' famous statement about adverse possession:"The true explanation of title by prescription seems to me to be that man, like a tree in the cleft of a rock, gradually shapes his roots to his surroundings, and when the roots have grown to a certain size, cannot be displaced without cutting at his life."

It seems that the City of New London's decision to take Susette Kelo's "little pink house" was one that cut at her life.

Rick Duncan

[Comments are held for approval, so there will be some delay in posting]

http://lawprofessors.typepad.com/property/2006/12/more_on_kelos_c.html

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Comments

Very true. Not sure why condemning authorities have any expectation that people whose property is slated for taking should be gracious, or consider it "nothing personal." Being forced to "sell" a home or business at -- for most -- market value is not something that should not make someone angry. I have never encountered a property owner (except, perhaps, large corporate owners) who celebrates the taking of their property, even if they understand that it may be for the greater good. When eminent domain is used for highly questionable reasons, the dissatisfaction can only be greater.

Posted by: inversecondemnation | Dec 21, 2006 3:52:21 PM

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