re: #223 Feline Emperor of the Conservative Waste

I thought the thing about the Kelo Decision was less about the power of eminent domain than a locality using it to transfer property from one set of private hands to another set of private hands simply under the basis that the latter party would carry out development that would benefit the community. Which stretched the normal use of eminent domain where the conversion is generally into public use. (And I’m sure I’m generalizing here a bit.)

Well, yes. It basically said it was a valid use of eminent domain to take the property for transfer to private developers. The reaction of the vast majority of states to this was to pass laws which ban the taking of property by eminent domain for transfer to private developers. I assume the federal law in question here basically does the same thing. The only potential constitutional question here would be “Is Congress overreaching if the bill applies to entities other than the federal government?”