Property rights need to be comprehensive. Simply re-working existing laws and limiting eminent domain to cases of public use is not enough protection. Disagreements about the nature of use and purpose are at the very heart of the Kelo decision. The decision demonstrates how a judicial ruling can subvert legislative intent. Over time case law can (and has) dramatically redefined the basic precepts upon which property rights have traditionally rested. For many judges, use and purpose have become interchangeable.
By South Carolina Policy Council
Since 1986 the South Carolina Policy Council Education Foundation has advocated innovative policy ideas that advance the principles of limited government and free enterprise. The Policy Council is the state’s meeting place for business leaders, policymakers, and academics – as well as engaged citizens – who want to see South Carolina become the most free state in the nation. For questions or comments on the articles on this website, please email Research Director Jamie Murguia.