Having now studied some of the precedent, the Kelo decision was no suprise. It was no less wrong, however.
The test used by the Court for the public use requirement is merely a rational relation to any conceivable public benefit. Justice Thomas's dissent nicely pointed out the silliness of this approach.
The upside to Kelo...Many states will now make it more difficult to exercise eminent domain. To put it in perspective, prior to the Court incorporating the Takings Clause through the 14th Amendment, it did not apply to the States anyway. So now property will be more legally protected even though our society values its protection much less than it did in the 19th century.
