Author: <a href="https://imprimis.hillsdale.edu/author/andrewpnapolitano/" target="_blank">Andrew Napolitano</a>

Author: Andrew Napolitano

Andrew Napolitano is a senior judicial analyst at FOX News Channel, where he appears daily on The Big Story with John Gibson and is a regular on The O’Reilly Factor. He received his B.A. from Princeton University and his J.D. from the University of Notre Dame. From 1987-95 he was a judge on the New Jersey Superior Court. He also served for 11 years as an adjunct professor at Seton Hall Law School, teaching constitutional law and jurisprudence. Mr. Napolitano’s most recent book is The Constitution in Exile: How the Federal Government Has Seized Power by Rewriting the Supreme Law of the Land.

Property Rights After the Kelo Decision

Property Rights After the Kelo Decision

When teaching law students the significance of private property, we tell them that each owner of such property has something called a “bundle of rights.” The first of these rights is the right to use the property. The second is the right to alienate the property. The third and greatest is the right to exclude people from the property. With this in mind, let me pose a question: Can the government force a property owner to sell his property? James Madison argued that the government could do so as long as it paid the owner a fair market value and as long

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