< Return To Hearing Testimony of  Thomas A. Merrill  Charles
Keller Beekman Professor of Law Columbia University September
20, 2005  Testimony of Thomas W. Merrill Chalres Keller Beekman
Professor Columbia Law School  September 19, 2005  Kelo v. City
of New London, 125 S.Ct. 2655 (2005), is unique in modern annals
of law in terms of the negative response it has evoked. The
initial reaction by lawyers familiar with the case was one of
unsurprise. Within days, however, the decision began to gather
widespread criticism in the media and among others less familiar
with the process of eminent domain and the history of judicial
decisions interpreting the "public use" requirement. Before
undertaking far-reaching reforms of the eminent domain system
that would seek to prohibit States and local governments from
using eminent domain for economic development purposes, it is
important to understand just what Kelo did and did not decide,
and what may be significant about the decision. Accordingly, I
will begin by addressin