In today’s Honolulu Star-Bulletin, University of Hawaii lawprof David L. Callies responds to my September 20, 2009 review of Jeff Benedict’s book about the U.S. Supreme Court’s infamous Kelo eminent domain case, Little Pink House: a True Story of Defiance and Courage.
In In defense of taking land for public use, Callies writes:
First, as Thomas suggests, the U.S. Supreme Courtrelied on its earlier Hawaii Land Reform Act decision in deciding Kelo.But the Act does not permit the use of eminent domain by landowners. Astate agency – the Hawaii Housing Authority – condemned the land undersingle-family homes. No court has ever authorized the use ofcondemnation by private citizens.
Second,the Connecticut government redevelopment agency in the Kelo casecondemned the Kelo property in order to economically revitalize anentire neighborhood – not “to entice a major pharmaceutical company torelocate to New London.” The relocation was already a fact of life.
Callies’ complete piece here. My response after a chance to digest his (it’s Sunday, man, and both Professor Callies and I are in Austin at a meeting of the ABA Section of State & Local Government Law).