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By Marshall Manson Posted in Roberts — Comments () / Email this page » / Leave a comment »

Reid Cox writes about Sen. Brownback's questionning on property rights:

The questioning by Senator Brownback on the 5th Amendment’s Taking Clause, which is supposed to protect private property is extremely important, especially since the High Court’s Kelo decision this past term. In fact, in a split 5-4 decision this past term, the Supreme Court ruled that the government can “take� private property — people’s homes — simply for the purpose of economic development. I should point out this issue is only getting worse. Word came today in an Associated Press story that appeared in the Washington Post that the City in Connecticut that sparked the Kelo court battle is not even willing to wait to see if the state is going to enact greater protections for private property. Instead, they have apparently told the homeowners they must give up their homes before the state legislature even can try to enact a law to protect their private property.

Obviously, just like in any other area, Judge Roberts can’t give “hints� or “previews� of how he would rule in this area, but it is interesting and reassuring to note that he told Senator Brownback that “public use� requirement is seen to impose a restriction on when the government can take property.