More Historical Evidence Showing that the Public Use Clause of the Fifth Amendment Does Not Allow Takings that Transfer Property to Private Parties

More Historical Evidence Showing that the Public Use Clause of the Fifth Amendment Does Not Allow Takings that Transfer Property to Private Parties

NA The Supreme Court's controversial 5-4 ruling in Kelo v. City of New London (2005), held that private "economic development" is enough to satisfy the Fifth Amendment requirement that the government can only condemn property for a "public use." In so doing, it rekindled a longstanding debate over whether takings that transfer property to private parties violate the public use requirement. Harvard law Professor Maureen "Molly" Brady - one of the…