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Full-Text Articles in Land Use Law
The Wholesale Decommissioning Of Vacant Urban Neighborhoods: Smart Decline, Public-Purpose Takings, And The Legality Of Shrinking Cities, Ben Beckman
Cleveland State Law Review
This Note is principally concerned with those takings that arise from the State's exercise of eminent domain, either directly or through the State's designee. To put a finer point on it, this Note addresses the distinction that property-rights advocates have developed to delegitimize certain types of takings. This distinction divides condemnations into disfavored-yet-legitimate takings-the direct-government-use and common-carrier takings-and ostensibly illegitimate public-purpose takings. The property-rights movement unequivocally places economic-development takings in the illegitimate category. The status of blight-remediation takings is ambiguous but tends toward legitimacy.
Kelo V. City Of New London: A Reduction Of Property Rights But A Tool To Combat Urban Sprawl, Gregory V. Jolivette Jr.
Kelo V. City Of New London: A Reduction Of Property Rights But A Tool To Combat Urban Sprawl, Gregory V. Jolivette Jr.
Cleveland State Law Review
This Note will analyze the two opposing interests of property owners and of cities in the context of the Supreme Court's Public Use Clause jurisprudence and show that while the Court's decision in Kelo may have diminished property rights, the decision could render an overriding positive impact on combating urban sprawl. Part II defines urban sprawl and identifies some of its associated costs. Part III briefly describes Public Use Clause jurisprudence prior to the Supreme Court's ruling in Kelo. Part IV discusses the Court's opinion in Kelo and Justice Kennedy's concurrence. Part V examines the substantial criticism of Kelo and …
Eminent Domain: Judicial And Legislative Responses To Kelo, Alan Weinstein
Eminent Domain: Judicial And Legislative Responses To Kelo, Alan Weinstein
Law Faculty Articles and Essays
It has been almost a year and a half since the Supreme Court ruled in Kelo v. City of New London, 125 S. Ct. 2655 (2005), that the federal Constitution does not bar government from using eminent domain for economic development purposes. That ruling precipitated an unprecedented negative reaction in state legislatures. 1 Now, Ohio has delivered the first post-Kelo state supreme court decision to address the constitutionality of eminent domain. On July 26, in City of Norwood v. Horney, 2006 WL 2096001, a unanimous Ohio Supreme Court rejected the arguments of the majority in Kelo and emphatically stated that …
Kelo: One Year Later, Alan C. Weinstein
Kelo: One Year Later, Alan C. Weinstein
Law Faculty Articles and Essays
June of 2006 marked the first anniversary of the United States Supreme Court's ruling in Kelo v. City of New London, making this a good time to analyze the past year's flurry of activity and assess what it means for local governments. As of mid-May of 2006, more than forty states were considering legislation in reaction to the Kelo ruling, and fifteen have already enacted such legislation.
Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann
Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann
Cleveland State Law Review
This note will examine the role of land banking generally in the urban revitalization process, describe the changes made by House Bill 1327 in proceedings for foreclosure of tax liens, outline the mechanism of a land reutilization program, and discuss the viability of an LRP in Ohio as both a method of reducing tax delinquency rates and a tool for redevelopment of the inner city.
Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann
Land Banking Tax Delinquent Property: Reform And Revitalization, Patricia A. Hemann
Cleveland State Law Review
This note will examine the role of land banking generally in the urban revitalization process, describe the changes made by House Bill 1327 in proceedings for foreclosure of tax liens, outline the mechanism of a land reutilization program, and discuss the viability of an LRP in Ohio as both a method of reducing tax delinquency rates and a tool for redevelopment of the inner city.