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Why Kelo Is Not Good News For Local Planners And Developers, Daniel H. Cole
Why Kelo Is Not Good News For Local Planners And Developers, Daniel H. Cole
Articles by Maurer Faculty
When the Supreme Court announced its 2005 decision in Kelo v. City of New London, few legal scholars were surprised at the outcome, which was premised on precedents extending back to the middle of the 19th century. Legal scholars were surprised, however, by the intense political reaction to Kelo (fueled substantially by Justice O'Connor's hyperbolic dissent), as property-rights advocates, legislators (at all levels of government), and media pundits assailed the ruling as a death knell for private property rights in America.
Kelo's combination of relative legal insignificance and high political salience makes it an interesting case study in cross-institutional dynamics, …