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The Frontier Of Eminent Domain, Alexandra B. Klass

University of Colorado Law Review

The Supreme Court's 2005 decision in Kelo v. City of New London brought the issues of takings and public use into the national spotlight. A groundswell of opposition to government- initiated "economic development takings" led to eminent domain reform legislation in over forty states. Many people are surprised to learn, however, that another type of economic development taking is alive and well in many western states that are rich in natural resources. In those states, oil, gas, and mining companies have the power of eminent domain under state constitutions or state statutes to take private property to develop coal, oil, …