Last night on Hannity and Colmes (video, transcript) they did a story on a woman in upstate New York who is going to lose her home of 50 years so that the Seneca Nation of Indians can expand their casino operations. The report was very disturbing because there is just something that is profoundly un-American when the government can “legally” come and take your home under the power of eminent domain, to expand a casino.

In the aftermath of the Court’s 5-4 Kelo decision these type of eminent domain stories are going to fester with the public as long as city and state governments continue to press their “right” to take private land for “economic development.” Unfortunately, both Rehnquist and O’Connor were in the dissent on Kelo vs. New London, so the additions of Roberts and Alito is unlikely to change much given the five in the majority on Kelo are still on the court.

These type of eminent domain cases animate libertarian conservatives, and many progressives as well, because 9 times out of 10 the individuals who are getting their property taken from them are poor or middle class folks who don’t have the money or the connections to stop it. It is one thing when we are talking about legitimate uses of eminent domain to build roads, sewers, or airports. But casinos and office parks hardly fall in that category.