Fixing Kelo - a proposal

My mind wouldn't let me leave it alone. I got to thinking about how to fix this.



I think Congress could do fix this tomorrow. Simple Public Law.



The Congress of the United States, wishing to discourage abuse of eminent domain, henceforth enacts into law:



1. In the event of public condemnation of private property, the public entity bringing suit shall pay all expenses of the defending party in said suit, including but not limited to legal expenses, and any expenses incurred in evaluation of the property or documentation of this value. This compensation shall be immediately due and payable upon presentation of reasonable proof, and it shall accrue interest at a rate not less than double the prevailing customary rate, or additional charges incurred by the property owner as a result of tardy payment, whichever is greater. This compensation shall be paid regardless of the said suit's resolution.



2. In the event of a successful condemnation, the property owner shall be additionally compensated no less than the greater of either 150% of the fair value of the property determined in accordance with usual practices or 125% of the cost of replacement property.



Okay, folks. Pick it apart. Tell me where this fails.



(other than making communists unhappy, that is)



Update: Bill Quick at Daily Pundit notes that a Texas legislator had a similar idea.