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Public Use

63 published works

  1. The Right Coast

    John Paul Stevens Is Still Trying To Defend the Kelo Debacle Reason.com

    By Thomas A. Smith

    In 2011, about a year after he retired from the Supreme Court, Stevens apparently grew tired of the controversy and decided to respond to his critics. "The Kelo majority opinion…

  2. PropertyProf Blog

    Dickinson on State and Federal Law, Gravity, and the Public Use Doctrine

    By Chris Odinet

    Gerald S. Dickinson (Pittsburgh) has posted Federalism, Convergence, and Divergence in Constitutional Property (University of Miami Law Review) on SSRN. Here's the abstract:Federal law exerts a gravitational force on state…

  3. New Jersey Law Blog

    Is the PennEast Pipeline Taking Really for the Public’s Benefit?

    By Timothy P. Duggan

    A plain reading of the Fifth Amendment to the United States Constitution, commonly referred to as the "Taking Clause," appears on its face to limit the government's right to take private…

  4. PropertyProf Blog

    Lovett on Public Use and Third-Party Transfer Limits

    By Steve Clowney

    John Lovett (Loyola New Orleans) has posted Somewhat at Sea: Public Use and Third-Party Transfer Limits in Two US States (Book Chapter) on SSRN.  Here's the abstract:This article analyzes how two…

  5. inversecondemnation.com

    Worth Reading: “Looking Back Ten Years After Kelo”

    By Robert H. Thomas

    Here's an article by IJ's Dana Berliner, a retrospective on public use in eminent domain and where the decade since Kelo has left us.  It is a sign of the…

  6. inversecondemnation.com

    NC App: No Public Use Or Benefit When Town, Fueled By Improper Motive, Condemned Private Street To Make It Public

    By Robert H. Thomas

    In Town of Matthews v. Wright, No. COA14-943 (Apr. 21, 2015), the North Carolina Court of Appeals invalidated a taking, the stated purpose of which was to make a portion…

  7. inversecondemnation.com

    OK App: Taking A Home For A Parking Lot, When Primary Beneficiary Is Private, Is Not A Public Use

    By Robert H. Thomas

    A must-read from the Oklahoma Court of Appeals. In City of Muskogee v. Phillips, No. 111,501 (Nov. 21, 2014), the court invalidated a taking, concluding that it was not a…

  8. inversecondemnation.com

    Utah: “Serious” Question Whether Excess Taking Is For Public Use

    By Robert H. Thomas

    The Utah DOT took all 15 acres of Carlson's property even though it needed only 1.2 acres for the project. Why? Because it wanted to "avoid[] litigation regarding Carlson's severance…

  9. inversecondemnation.com

    New Article: Recent Developments in Eminent Domain: Public Use

    By Robert H. Thomas

    The Urban Lawyer, the law review produced by the ABA Section of State & Local Goverment Law has published an article which we wrote with our Damon Key colleagues Mark…

  10. inversecondemnation.com

    Eminent Domain’s Circle Of Life In New London: Guess What Use For The Kelo Property Is Being Proposed?

    By Robert H. Thomas

    Homes. Tiny homes. Things have come full circle. Because according to this report from The Day, New London's daily paper ("Take the steps to pursue Fort Trumbull dreams"), the city's…