Overturning Kelo?

Two years after the Kelo decision, a new House Bill, the Private Property Rights Protection Act of 2007, seeks to overturn the controversial law permitting the seizure of private property for the benefit of private corporations.

2 minute read

July 16, 2007, 11:00 AM PDT

By Michael Dudley


"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.'"

Monday, July 16, 2007 in The San Francisco Chronicle

portrait of professional woman

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching. Mary G., Urban Planner

I love the variety of courses, many practical, and all richly illustrated. They have inspired many ideas that I've applied in practice, and in my own teaching.

Mary G., Urban Planner

Get top-rated, practical training

Aerial view of single-family homes with swimming pools in San Diego, California.

San Diego to Rescind Multi-Unit ADU Rule

The city wants to close a loophole that allowed developers to build apartment buildings on single-family lots as ADUs.

March 9, 2025 - Axios

Green electric Volkswagen van against a beach backdrop.

The VW Bus is Back — Now as an Electric Minivan

Volkswagen’s ID. Buzz reimagines its iconic Bus as a fully electric minivan, blending retro design with modern technology, a 231-mile range, and practical versatility to offer a stylish yet functional EV for the future.

March 3, 2025 - ABC 7 Eyewitness News

Canadian flag in foreground with blurred Canadian Parliament building in background in Ottawa, Ontario, Canada.

Has President Trump Met His Match?

Doug Ford, the no-nonsense premier of Canada's most populous province, Ontario, is taking on Trump where it hurts — making American energy more expensive.

March 11, 2025 - Toronto Star

Close-up of smart phone with USDOT website open.

USDOT Eliminates Environmental, Equity Considerations

A new memo rescinds Biden-era regulations that prioritized renewable energy, accessibility, and equity for historically disadvantaged communities.

March 13 - Smart Cities Dive

Two people waiting to board arriving bus on a snowy day.

Study: Drops in Transit Ridership Linked to Extreme Weather

Unsurprisingly, people are less likely to use transit during extreme weather events, which are becoming more common around the country.

March 13 - Streetsblog USA

Washington state capitol dome in Olympia, Washington.

Washington State May Cap Rent Increases at 7 Percent

House Bill 1217 was passed by the House and will move next to the state Senate.

March 13 - Washington State Standard

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.