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2006

Property Law and Real Estate

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Kelo V. City Of New London: Supreme Court Refuses To Hamstring Local Governments, James C. Smith Jan 2006

Kelo V. City Of New London: Supreme Court Refuses To Hamstring Local Governments, James C. Smith

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The Court's decision last term in Kelo v. City of New London, 125 S.Ct. 2655 (2005), has drawn heavy fire, most of it unmerited. By the narrowest of margins, the Court held that the city could take single-family homes to develop an office park and to provide parking or retail services for visitors to an existing state park and marina. Many observers thought the Court would take this opportunity to display its "conservative" activism by reining in the power of eminent domain. After all, the Court has grown increasingly protective of property rights during the past two decades ...