Topic
Public Use
63 published works
The Right Coast
John Paul Stevens Is Still Trying To Defend the Kelo Debacle Reason.com
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…
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…
New Jersey Law Blog
Is the PennEast Pipeline Taking Really for the Public’s Benefit?
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…
PropertyProf Blog
Lovett on Public Use and Third-Party Transfer Limits
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…
inversecondemnation.com
Worth Reading: “Looking Back Ten Years After Kelo”
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…
inversecondemnation.com
NC App: No Public Use Or Benefit When Town, Fueled By Improper Motive, Condemned Private Street To Make It Public
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…
inversecondemnation.com
OK App: Taking A Home For A Parking Lot, When Primary Beneficiary Is Private, Is Not A Public Use
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…
inversecondemnation.com
Utah: “Serious” Question Whether Excess Taking Is For Public Use
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…
inversecondemnation.com
New Article: Recent Developments in Eminent Domain: Public Use
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…
inversecondemnation.com
Eminent Domain’s Circle Of Life In New London: Guess What Use For The Kelo Property Is Being Proposed?
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…