Kagan says controversial ruling allowing gov’t seizure of homes is somewhat limited

By AP
Wednesday, June 30, 2010

Kagan: Ruling on gov’t seizure of homes limited

WASHINGTON — Supreme Court nominee Elena Kagan says a ruling that allows cities to bulldoze people’s homes to make way for shopping malls or private development might have little effect beyond that particular case.

Kagan was addressing Republican Sen. Charles Grassley about a 2005 high court ruling on individual property rights. That decision prompted Justice Sandra Day O’Connor at the time to warn that the government now had broad rights to take private property, and that no one’s home was safe.

Kagan agreed the ruling was very controversial. But she says the decision was somewhat limited to that particular case and might have little effect, because many state legislatures have since passed laws saying homes could not be seized for broad urban-development.

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