- Private Entities are the Target of Eminent Domain Reform. The concerns about eminent domain are generally not about the government snapping up pieces of property, it is private entities snapping up property using eminent domain as a tool
- Public Use Needs to be Reformed.Re-defining public use does not require sweeping constitutional reform
- Look to Justice Thomas Dissent in Kelo for answers. Just like Clarence Thomas says, when the Supreme Court analyzes whether a search warrant can get the police into a home, the court doesn’t look at the issue in a vaccuum.
Washington Post | Volokh Conspiracy | Kelo and the all-or-nothing approach to constitutional property rights