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Full-Text Articles in Law

Public Stand-Off: The Wisconsin State Legislature V. Milwaukee Public Schools And Takings Of Public Property By Public Entities, Corey R. Hoze Jan 2017

Public Stand-Off: The Wisconsin State Legislature V. Milwaukee Public Schools And Takings Of Public Property By Public Entities, Corey R. Hoze

Mitchell Hamline Law Review

No abstract provided.


A Solution In Search Of A Problem: Kelo Reform Over Ten Years, Wendell Pritchett Jan 2016

A Solution In Search Of A Problem: Kelo Reform Over Ten Years, Wendell Pritchett

All Faculty Scholarship

Kelo is NOT Dred Scott. Kelo is not only NOT Dred Scott, it was, as this Essay will argue, the right decision given the facts of the cases and the current state of legal jurisprudence. As an academic who has detailed the historic exploitation of eminent domain to uproot persons of color in this country, I find it interesting, and somewhat troubling, that the case has received so much criticism, much more criticism, I would argue, than other Supreme Court decisions that deserve condemnation. Certainly, eminent domain, like any other government power, must be regulated carefully. But upending …


Eminent Domain And Secondary Rent-Seeking, Gregory S. Alexander Dec 2014

Eminent Domain And Secondary Rent-Seeking, Gregory S. Alexander

Gregory S Alexander

No abstract provided.


The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz Dec 2014

The Property Rights Revolution That Failed: Eminent Domain In The 2004 Supreme Court Term, David Schultz

Touro Law Review

No abstract provided.


Property Metaphors And Kelo V. New London: Two Views Of The Castle, Eduardo M. Peñalver Nov 2014

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

Eduardo M. Peñalver

No abstract provided.


Irresponsible Legislating: Reeling In The Aftermath Of Kelo, Patricia E. Salkin May 2013

Irresponsible Legislating: Reeling In The Aftermath Of Kelo, Patricia E. Salkin

Patricia E. Salkin

No abstract provided.


The Ninth Vote In The "Stop The Beach" Case, John Paul Stevens Apr 2013

The Ninth Vote In The "Stop The Beach" Case, John Paul Stevens

Chicago-Kent Law Review

No abstract provided.


Eminent Domain: The Solution To The Foreclosure Crisis Or Overstepping Government Boundaries, Anne T. T. Jensen Jan 2013

Eminent Domain: The Solution To The Foreclosure Crisis Or Overstepping Government Boundaries, Anne T. T. Jensen

Richmond Journal of Global Law & Business

No abstract provided.


Kelo, Conservation Easements, And Forever: Why Eminent Domain Is Not A Sufficient Check On Conservation Easements' Perpetual Duration, Derrick P. Fellows Feb 2011

Kelo, Conservation Easements, And Forever: Why Eminent Domain Is Not A Sufficient Check On Conservation Easements' Perpetual Duration, Derrick P. Fellows

William & Mary Environmental Law and Policy Review

No abstract provided.


Not In My Atlantic Yards: Examining Netroots’ Role In Eminent Domain Reform, Kate Klonick Jan 2011

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 …


Public Use, Public Choice, And The Urban Growth Machine: Competing Political Economies Of Takings Law, Daniel A. Lyons Dec 2009

Public Use, Public Choice, And The Urban Growth Machine: Competing Political Economies Of Takings Law, Daniel A. Lyons

University of Michigan Journal of Law Reform

The Kelo decision has unleashed a tidal wave of legislative reforms ostensibly seeking to control eminent domain abuse. But as a policy matter, it is impossible to determine what limits should be placed upon local government without understanding how cities grow and develop, and how local governments make decisions to shape the communities over which they preside. This Article examines takings through two very different models of urban political economy: public choice theory and the quasi-Marxist Urban Growth Machine model. These models approach takings from diametrically opposite perspectives, and offer differing perspectives at the margin regarding proper and improper condemnations. …


Supreme Neglect Of Text And History, William Michael Treanor Apr 2009

Supreme Neglect Of Text And History, William Michael Treanor

Michigan Law Review

Since his classic book Takings appeared in 1985, Richard Epstein's ideas have profoundly shaped debate about the Fifth Amendment's Takings Clause to a degree that no other scholar can even begin to approach. His broad, original, and stunningly ambitious reading of the clause has powerfully influenced thinking in academia, in the judiciary, and in the political arena. The firestorm of controvery that followed the Supreme Court's recent decision in Kelo - in which the Supreme Court upheld the constitutionality of a municipal urban renewal plan that displaced long-time homeowners and conveyed their land to developers - is in critical part …


Property And Relative Status, Nestor M. Davidson Mar 2009

Property And Relative Status, Nestor M. Davidson

Michigan Law Review

Property does many things-it incentivizes productive activity, facilitates exchange, forms an integral part of individual identity, and shapes communities. But property does something equally fundamental: it communicates. And perhaps the most ubiquitous and important messages that property communicates have to do with relative status, with the material world defining and reinforcing a variety of economic, social, and cultural hierarchies. This status-signalingf unction of property-withp roperty serving as an important locus for symbolic meaning through which people compare themselves to others-complicates premises underlying central discourses in contemporary property theory. In particular, status signaling can skew property's incentive and allocative benefits, leading …


Eminent Domain: The Unintended Consequences Of Kelo, Tracy Lynn Bower Jan 2009

Eminent Domain: The Unintended Consequences Of Kelo, Tracy Lynn Bower

UNLV Theses, Dissertations, Professional Papers, and Capstones

In recent years, local governments in the United States have increasingly used eminent domain to promote economic development, raising concerns among property-right advocates over what those advocates view as unlawful, or what should be unlawful, takings of private property in order to benefit another private property owner. This philosophical and legal dispute reached a crisis point in the 2005 United States Supreme Court decision in Kelo v. City of New London. In that decision, the court narrowly upheld a Connecticut Supreme Court ruling granting the City of New London permission to redevelop land that had been seized from existing homeowners …


The Policy Power And "Pubic Use": Balancing The Public Interest Against Private Rights Through Principled Constitutional Distinctions, Christopher Supino Jan 2008

The Policy Power And "Pubic Use": Balancing The Public Interest Against Private Rights Through Principled Constitutional Distinctions, Christopher Supino

West Virginia Law Review

No abstract provided.


Kelo V. City Of New London And The Prospects For Development After A Natural Disaster, Carol N. Brown Jan 2008

Kelo V. City Of New London And The Prospects For Development After A Natural Disaster, Carol N. Brown

Law Faculty Publications

The tension between private property rights, human rights, and community are at an all time high in many parts of the world. Social and political changes along with the pressures of globalization call for a new look at the role of private property and its place within the framework of democratic societies.This book addresses the current status of eminent domain and takings law jurisprudence. The focus is the relationship between private property, individual rights and community. The work covers a variety of points of view with respect to the legal, economic, and socio-legal aspects of property and of takings law, …


The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass Jun 2007

The Growing Influence Of Tort And Property Law On Natural Resources Law: Case Studies Of Coal Bed Methane Development And Geologic Carbon Sequestration, Alexandra B. Klass

The Future of Natural Resources Law and Policy (Summer Conference, June 6-8)

19 pages.

"Alexandra B. Klass, Associate Professor of Law, University of Minnesota Law School"


Kelo's Moral Failure, Laura S. Underkuffler Dec 2006

Kelo's Moral Failure, Laura S. Underkuffler

Cornell Law Faculty Publications

No abstract provided.


The Neglected Political Economy Of Eminent Domain, Nicole Stelle Garnett Oct 2006

The Neglected Political Economy Of Eminent Domain, Nicole Stelle Garnett

Michigan Law Review

This Article challenges a foundational assumption about eminent domain- namely, that owners are systematically undercompensated because they receive only fair market value for their property. In fact, scholars may have overstated the undercompensation problem because they have focused on the compensation required by the Constitution, rather than on the actual mechanics of the eminent domain process. The Article examines three ways that "Takers" (i.e., nonjudicial actors in the eminent domain process) minimize undercompensation. First, Takers may avoid taking high subjective value properties. (By way of illustration, Professor Garnett discusses evidence that Chicago's freeways were rerouted in the 1950s to avoid …


Property Metaphors And Kelo V. New London: Two Views Of The Castle, Eduardo M. Peñalver May 2006

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

Cornell Law Faculty Publications


Private Business As Public Good: Hotel Development And Kelo, Joseph Blocher Jan 2006

Private Business As Public Good: Hotel Development And Kelo, Joseph Blocher

Faculty Scholarship

In the summer of 2004, New Haven Mayor John DeStefano, Jr. announced plans to demolish the all-but-derelict New Haven Coliseum and replace it with a publicly financed redevelopment that would include a 300-room hotel. Critics of the plan immediately objected that the hotel-even if it were completed-was a poor public investment, that there was no demand for such a hotel, and that the money could be better spent elsewhere. Some critics pointed to New Haven's own checkered history of major development projects, especially the failed downtown mall and the famously catastrophic Oak Street redevelopment. As of February 2006, the city …


Irresponsible Legislating: Reeling In The Aftermath Of Kelo, Patricia E. Salkin Jan 2005

Irresponsible Legislating: Reeling In The Aftermath Of Kelo, Patricia E. Salkin

Scholarly Works

No abstract provided.


Eminent Domain And Secondary Rent-Seeking, Gregory S. Alexander Jan 2005

Eminent Domain And Secondary Rent-Seeking, Gregory S. Alexander

Cornell Law Faculty Publications


Public Ruses, James E. Krier, Christopher Serkin Jan 2004

Public Ruses, James E. Krier, Christopher Serkin

Articles

The public use requirement of eminent domain law may be working its way back into the United States Constitution. To be sure, the words "public use" appear in the document-and in many state constitutions as well, but the federal provision applies to the states in any event-as one of the Fifth Amendment's limitations on the government's inherent power to take private property against the will of its owners. (The other limitation is that "just compensation" must be paid, of which more later.) Any taking of private property, the text suggests, must be for public use. Those words, however, have amounted …