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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.