Kelo @ 10

The Grasping Hand by Ilya SominA few years ago, George Mason law professor Ilya Somin asked me if he could use photos I had taken in the Fort Trumbull neighborhood of New London, the disputed site in the infamous Kelo v. City of New London legal battle, for a book he was writing on the decision. Of course I said yes. His book, The Grasping Hand: “Kelo v. City of New London” and the Limits of Eminent Domain, is out now.

Has it been a decade already? In a series of posts for the WaPo to promote the book, Ilya has been analyzing the decision — he believes it runs counter to both originalist and living-document interpretations of the Constitution — while reminding us of the details in danger of fading from common recollection. One thing that particularly irritated me at the time was Pfizer’s hand-washing press releases claiming they had nothing to do with the condemnations. Don’t you believe it:

The NLDC produced a development plan that would revitalize Fort Trumbull by building housing, office space, and other facilities that would support a new headquarters that Pfizer, Inc. – a major pharmaceutical firm – had agreed to build nearby. The development plan produced by the NLDC was in large part based on Pfizer’s requirements, which NLDC leaders (some of whom had close ties to Pfizer) were eager to meet. Pfizer would not be the new owner of the redeveloped land, but did expect to benefit from it. I believe that NLDC leaders genuinely thought the plan would serve the public interest, as did the city and state officials who supported it. But it is also true, as one of those who worked on the plan put it, that Pfizer was the “10,000 pound gorilla” behind the project.

Pfizer’s fecklessness was revealed when it left New London as soon as a ten-year tax break expired which the city had used to lure the company there in the first place. It was the shiny red cherry on top of the kleptocrat sundae spilled into our laps by our elected soda jerks.

In his book Ilya also discusses the ramifications of Kelo, which he believes will eventually be overturned. I’m really looking forward to reading it.

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