Law Commons^™

Kelo's Moral Failure, Laura S. Underkuffler

William & Mary Bill of Rights Journal

Presented at the 2004 Brigham-Kanner Property Rights Conference.

Takings: An Appreciative Retrospective, Eric R. Claeys

William & Mary Bill of Rights Journal

Presented at the 2005 Brigham-Kanner Property Rights Conference.

The Demise Of Federal Takings Litigation, Stewart E. Sterk

William & Mary Law Review

For more than twenty years the Supreme Court has held that a federal takings claim is not ripe until the claimant seeks compensation in state court. The Court's recent opinion in San Remo Hotel, L.P. v. City & County of San Francisco establishes that the federal full faith and credit statute applies to federal takings claims. The Court itself recognized that its decision limits the availability of a federal forum for takings claims. In fact, however, claim preclusion doctrine-not considered or discussed by the Court-may result in more stringent limits on federal court review of takings claims than the Court's …

Time To Overturn Turney, Paul A. Lafata

William & Mary Bill of Rights Journal

No abstract provided.

Privatizing Eminent Domain: The Delegation Of A Very Public Power To Private, Non-Profit And Charitable Corporations, Asmara Tekle Johnson

ExpressO

In an age of privatization of many governmental functions such as health care, prison management, and warfare, this Article poses the question as to whether eminent domain should be among them. Unlike other privatized functions, eminent domain is a traditionally governmental and highly coercive power, akin to the government’s power to tax, to arrest individuals, and to license. It is, therefore, a very public power.

In particular, the delegation of this very public power to private, non-profit and charitable corporations has escaped the scrutiny that for-profit private actors have attracted in the wake of the U.S. Supreme Court’s decision in …

Eminent Domain General Provisions And Condemnation Procedure: Provide A Comprehensive Revision Of Provisions Regarding The Power Of Eminent Domain, Jody Arogeti, Anita Bhushan, Jill M. Irvin, Jessica Kattula

Georgia State University Law Review

The Act amends the definition of blight, and adds a definition of public use and economic development. The Act amends the process and the powers of eminent domain. The Act increases the procedural requirements of eminent domain, including new notice provisions, additional rights for the condemnee, and new requirements for the condemnor. The Act increases procedural safeguards for property owners by enhancing notice requirements. The Act takes the power of eminent domain out of the hands of development authorities and gives the power to elected officials.

“What’S Yours Can Be Mine: Are There Any Private Takings After City Of New London V. Kelo?” , David A. Schultz

David A Schultz

This article examines the use of eminent domain in light of the Kelo v. City of New London Supreme Court decision. After a review of state takings litigation the conclusion is that the courts can and still do find that private takings can occur but that the judiciary is able to protect against them.

Foreword: Why A Conference On Redevelopment, And Why Now, Colin Crawford

Georgia State University Law Review

No abstract provided.

Why Kelo Is Not Good News For Local Planners And Developers, Daniel H. Cole

Georgia State University Law Review

No abstract provided.

Beyond Kelo: Thinking About Urban Development In The 21st Century, Wendell E. Pritchett

Georgia State University Law Review

No abstract provided.

Kelo In South Carolina: Economic Development Is Not A Public Use For Purposes Of Eminent Domain In South Carolina, Matthew Howsare

South Carolina Law Review

No abstract provided.

Desperate Cities: Eminent Domain And Economic Development In A Post-Kelo World, Asmara Tekle Johnson

ExpressO

Kelo v. City of New London unleashed an unprecedented legislative response when the Court upheld the use of eminent domain for private economic development as consistent with the Takings Clause of the Fifth Amendment. By exhibiting an extreme deference to the legislative branch and failing to consider the current model of economic development, in which “desperate” cities have seen their economic bases contract and have embarked on fervent urban revitalization campaigns as a result, the Kelo Court failed to take into account the immense influence that large corporate interests wield in the legislature. This influence is generally exercised to the …

Exactions And Burden Distribution In Takings Law, Carlos A. Ball, Laurie Reynolds

William & Mary Law Review

In the last several decades, there has been a marked shift in local government financing away from the use of general revenue taxes and toward nontax revenue-raising devices such as exactions. This Article argues that the Supreme Court, in its exaction cases, missed a golden opportunity to slow this troubling trend toward the greater privatization of local government financing. In addition, it explains how the Court's exaction cases are inconsistent with the goal of burden distribution as reflected in the Court's takings jurisprudence. The Article proposes that the constitutional standard applied to exactions be reformulated to account explicitly for burden …

Imminent Change: A Recommended Response For Missouri In The Wake Of The Supreme Court’S Eminent Domain Decision In Kelo V. City Of New London, Timothy Niedbalski

Saint Louis University Public Law Review

No abstract provided.

Privatization And Democratization—Reflections On The Power Of Eminent Domain, Peter W. Salsich Jr.

Saint Louis University Law Journal

No abstract provided.

Property Metaphors And Kelo V. New London: Two Views Of The Castle, Eduardo M. Penalver

Fordham Law Review

No abstract provided.

The Robin Hood Antithesis – Robbing From The Poor To Give To The Rich: How Eminent Domain Is Used To Take Property In Violation Of The Fifth Amendment, Daniel C. Orlaskey

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

Redevelopment And The Four Dimensions Of Class In Land Use, Audrey Mcfarlane

All Faculty Scholarship

This essay begins with the proposition that the battle over the exercise of eminent domain as a question of the extent to which we accept local economic development as a proper exercise of local governmental authority. In light of the reality that economic development seeks to accomplish redevelopment to meet the social needs and consumption tastes of the affluent, the issue of local governments' autonomy to engage in redevelopment for economic development purposes is suffused with socioeconomic class struggles over land use. Therefore, the changes wrought by redevelopment challenge us to think and talk about class in ways for which …