Public Good as Public Interest? The Principle of Tangibility in Eminent Domain Legislation

In its landmark 2005 Kelo v. New London decision, the Supreme Court invited state legislatures to enact stricter eminent domain legislation. This study invites readers to consider the terms "public good" and "public interest" in the context of such legislation. The distinctions between the two terms are important because of the deference shown to administrators in interpreting and implementing post-Kelo law. The proposed principle of tangibility facilitates the simultaneous protection of individual private property rights and states' rights to advance the public good.