In June, 2005 the Supreme Court decided the highly controversial case of Kelo v. City of New London. In short, the court decided that a "public good" = "public use" as described under Takings Clause of the Fifth Amendment. This broad definition opens the floodgates for local municipalities to exercise their power of eminent domain for all manner of projects, many of which, although providing a public good, are little more than private enterprises. Needless to say, the Kelo decision presents a "clear and present" danger to the property rights of individuals.

The Kelo decision and the increased use of eminent domain powers have prompted a proposed Constitutional Amendment in California known as "The Protect Our Homes Act." (Proposition 90) This proposition is short and sweet. It says that eminent domain should be limited to "projects of public use." These projects include "road construction, the creation of public parks, the creation of public facilities…" and the like. It further provides that "whenever government takes or damages private property for a public use, the owner…shall receive just compensation….set at fair market value."

On Tuesday, November 7^th, Californians will get to decide for themselves whether a public good = a public use. Although I do not own property, I think it is critical that Californians vote yes for Prop 90. In so doing, they will be able to kill Kelo in California and restore the proper reading of the Fifth Amendment's Taking Clause.

Government should not have the right to take land from one private owner and give it to another private owner just because the result will be "good" for the community!

Vote Yes on Prop 90 and help Kill Kelo in California.