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A Popular Insurrection on Property Rights

Kelo Should Be Overruled

NOVEMBER 01, 2005 by RICHARD A. EPSTEIN

The property rights issues that arise constantly inmodern life are always difficult and oftenobscure. Most ordinary people understand theimportance of zoning restrictions and environmentalprotection in their daily lives.They are also keenly awarethat the state exercises its eminent domain power wheneverit condemns land for a post office or a public highway.But in general they rightly feel a little intimidatedif asked to understand the inner workings of a legal systemthat is dominated at every turn by an impenetrablejargon that even trained lawyers find ithard to manipulate.