American Dream

Alabama claims to be the first state to pass legislation to protect properties from being taken by eminent domain for private purposes. But don't get too excited: the law contains a loophole. If planners declare your property or neighborhood is "blighted," they can still take your property and give it to a private developer.

The Kelo decision wasn't about blight, but most other takings by eminent domain for private purposes have been in areas considered blighted. In California, one municipality found an undeveloped desert to be blighted so they could take it and give it to someone to turn into a race track.

So we will have to wait for some other state to take the lead and pass a real eminent domain bill.