On the recordDecember 13, 2007
Well, I would like to have gone further than that. The concern we had, and what appears to be most visible today in the new use of Kelo, is open space for open space. Municipalities and counties are stepping out--with the cases I gave, Mr. Chairman--and saying that for purposes of parks, we find this is a new tool. Historically, parks were willing seller/willing buyer, and wetlands, and now other broader interpretations of ``public good.'' But Kelo, being specific and relating to private government entities taking property for private development, we do not speak to that. We think it is a broader issue that the judiciary ought to speak to.
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