Alito Confirmation Hearings: on Welfare & Poverty

Jeff Sessions: Eminent domain for private development is Court over-reach

ALITO: Kelo involves the power to take property for public use through eminent domain. What occurred in that case was the taking of the homes of people of modest means for the purpose of building a large commercial facility that was thought by the city to be beneficial to the economic welfare of the city. People live in homes and they have a sentimental attachment to them. The neighborhood means something to them. And taking their home away and giving them money in return, even if they get fair market value for the home, is still an enormous loss for people.

SESSIONS: The Constitution said you could take property for public use. The court felt that was too restrictive, basically, and a majority just changed it to say you could take property for a public purpose, which includes some private redevelopment. See, that's not founded in the Constitution. That's an overreach, in my opinion.

Samuel Alito: Eminent domain affects emotions, not just money

ALITO: I have an appreciation of people's concerns?certainly with respect to Kelo, which involves the power to take property for public use through eminent domain. What occurred in that case was the taking of the homes of people of modest means for the purpose of building a large commercial facility that was thought by the city to be beneficial to the economic welfare of the city, that this is an enormous blow to the people whose homes are being taken. People live in homes and they have a sentimental attachment to them. They have memories that are attached to the homes. The neighborhood means something to them. And taking their home away and giving them money in return, even if they get fair market value for the home, is still an enormous loss for people.

SESSIONS: That's an overreach, in my opinion.