Thinking is Sometimes Hard

Akaka Tribe Bill Back in the News

by Richard Rowland

The Native Hawaiian Government Reorganization Act of 2009 (S1011/ HR2314) begins movement in the US Congress. (more)

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Commentaries

June 2009

State Forced Land Sales

The Power of Eminent Domain to Redistribute Land Ownership

By J. Arthur Rath

The recent news has been filled with the term 'redistribution of wealth', but in Hawaii and elsewhere the power of the state to confiscate private property under the guise of economic development has never been more popular. The recent Supreme Court case Kelo v. City of New London in 2005 involving the use of eminent domain to transfer land from one private owner to another to further economic development is one example. In a 5-4 decision the Court held the state using eminent domain to redistribute property for redevelopment was permissible "public use" under the Takings Clause of the Fifth Amendment because the community derived "economic benefits". (more)

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