Eminent Domain Legislation Post Kelo: A State of the States
Posted: 27 Apr 2010 Last revised: 15 Jan 2014
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.
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