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Full-Text Articles in Law
Due Process Supreme Court Rockland County
Energy And Eminent Domain, James W. Coleman, Alexandra B. Klass
Energy And Eminent Domain, James W. Coleman, Alexandra B. Klass
Faculty Journal Articles and Book Chapters
This Article examines the growing opposition to the use of eminent domain for energy transport projects such as oil pipelines, gas pipelines, and electric transmission lines. Such projects were protected from the state legislative reforms that restricted eminent domain following the Supreme Court’s controversial decision in Kelo v. City of New London in 2005 but are now under increased scrutiny. This Article evaluates why U.S. energy transport projects have become so controversial and suggests how states and the federal government should evaluate the need for eminent domain for these projects and enact appropriate reforms. We first detail the significant changes …