Eminent Domain Legislation Post Kelo: A State of the States

Posted: 27 Apr 2010 Last revised: 15 Jan 2014

See all articles by Patricia Salkin

Patricia Salkin

Touro University - Jacob D. Fuchsberg Law Center

Date Written: November 1, 2006

Abstract

In Kelo v. City of New London, the U.S. Supreme Court ruled that the use of eminent domain for economic development is a permissible “public use” under the Takings Clause of the First Amendment. The decision proved controversial, as many feared that it would benefit large corporations at the expense of individual homeowners and local communities. Shortly thereafter, numerous states introduced legislation limiting the use of eminent domain. This paper surveys those state initiatives that have been signed into law following the Court’s decision in Kelo.

Suggested Citation

Salkin, Patricia E., Eminent Domain Legislation Post Kelo: A State of the States (November 1, 2006). Environmental Law Reporter, Vol. 36, p. 10864, 2006, Available at SSRN: https://ssrn.com/abstract=1596258

Patricia E. Salkin (Contact Author)

Touro University - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

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