Law Commons^™

A Wall Of Hate: Eminent Domain And Interest-Convergence, Philip Lee

Faculty Publications

(Excerpt)

Donald Trump is no stranger to eminent domain. In the 1990s, Trump wanted land around Trump Plaza to build a limousine parking lot. Many of the private owners agreed to sell, but one elderly widow and two brothers who owned a small business refused. Trump then got a government agency—the Casino Reinvestment Development Authority (CRDA)—to take the properties through eminent domain, offering them a quarter of what they had previously paid or been offered for their land.

The property owners fought back and finally won. Although the CRDA named several justifications, from economic development to traffic alleviation and additional …

Not In My Atlantic Yards: Examining Netroots’ Role In Eminent Domain Reform, Kate Klonick

Faculty Publications

(Excerpt)

Since the Supreme Court's decision in Kelo v. City of New London, which expanded the state's power to condemn private property and transfer it to other private owners under the Fifth Amendment, there have been significant calls to curb the power of eminent domain through statutory reform. Scholars and jurists in favor of eminent domain reform have asserted that legislation is needed to protect private property rights against the rising tide of state power, with many arguing that such reform should incorporate a public approval process into land use decisions. Those opposed to eminent-domain reform argue that empowering …

Eminent Domain Reform In Missouri: A Legislative Memoir, Dale A. Whitman

Faculty Publications

The Missouri General Assembly, like a number of other state legislatures, undertook to reform its statutes relating to eminent domain during the 2006 legislative session. This article is the story of that effort and an analysis of the result. I write from a personal perspective. I was fortunate to have been personally involved in many of the decisions that were made as the bill, House Bill 1944, made its was through the legislative process. This opportunity was, I think, fairly unusual for a law professor; in thirty-seven years of teaching property law, I had never previously been so closely engaged …

Survey Of Recent Developments In The North Carolina Law Of Eminent Domain, Dale A. Whitman

Faculty Publications

The recent opinions of the North Carolina appellate courts include a strikingly large proportion of eminent-domain cases. Two factors combine to explain the unusual frequency with which these cares are tried and appealed. The first is the elaborate activity of the federal government in funding local and state projects involving the acquisition of land. The Interstate Highway program probably accounts for the predominant portion of this activity, with other shares attributable to urban renewal, public housing, and airport improvement. When the more traditional activities of local government, such as street-widening and other public improvements, are added to the above list …