TITLE

RESTRAINING EMINENT DOMAIN THROUGH JUST COMPENSATION: Kelo v. City of New London, 125 S. Ct. 2655 (2005)

AUTHOR(S)
Talley, Brett
PUB. DATE
March 2006
SOURCE
Harvard Journal of Law & Public Policy;Spring2006, Vol. 29 Issue 2, p759
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
The article discusses the U.S. Supreme Court case Kelo v. City of New London in 2005. This case involved the Fifth Amendment which provides the legal standard for eminent domain. Justice Stevens declared that there existed no principled way of distinguishing economic development from the public purposes. Justice O'Connor dissented, writing that no property is safe from transfer to another private owner under the banner of economic development.
ACCESSION #
20727922

 

Related Articles

  • THE JUDICIAL REACTION TO KELO. Somin, Ilya // Albany Government Law Review;2011, Vol. 4 Issue 2, p1 

    The article discusses the U.S. court case Kelo v. City of New London concerning the use of eminent domain for economic development in the U.S. It discusses the judicial reaction of the U.S. Supreme court in the Kelo's case followed by extensive additional property rights litigation to curb...

  • Living in the Past: The Kelo Court and Public-Private Economic Redevelopment. Mihaly, Marc B. // Ecology Law Quarterly;2007, Vol. 34 Issue 1, p1 

    This Article analyzes the Supreme Court's most recent foray into redevelopment--the controversial case of Kelo v. City of New London. Over vehement dissents by the Court's conservatives, an unenthusiastic Justice Stevens validated New London's condemnation of single-family homes for a mixed-use...

  • DOES FIVE EQUAL THREE? READING THE TAKINGS CLAUSE IN LIGHT OF THE THIRD AMENDMENT'S PROTECTION OF HOUSES. Sprankling, Thomas G. // Columbia Law Review;Jan2012, Vol. 112 Issue 1, p112 

    The Supreme Court's 5-4 decision in Kelo v. City of New London broke new ground by holding that the seizure of owner-occupied homes as part of a plan to foster economic development was a taking for "public use" under the Takings Clause of the Fifth Amendment. Kelo's many critics have yet to...

  • Recent Developments in Eminent Domain: Public Use. THOMAS, ROBERT H. // Urban Lawyer;Summer2012, Vol. 44 Issue 3, p705 

    The article focuses on the U.S. Supreme Court case Kelo v. City of New London, which dealt with eminent domain in the U.S. Topics include the U.S. Public Use Clause, the authority of the government to take private property, and the common carrier doctrine. Information is provided on the...

  • URBAN REVITALIZATION IN THE POST-KELO ERA. Blais, Lynn E. // Fordham Urban Law Journal;Mar2007, Vol. 34 Issue 2, p657 

    The article discusses the concept of urban revitalization under the plan of the Freeport and Economic Development Council (FEDC) in Freeport, Texas. It cites the court case Kelo v. City of New London in which the U.S. Supreme Court held that the public use limitation of eminent domain requires...

  • EMINENT DOMAIN AFTER KELO V. CITY OF NEW LONDON: AN ARGUMENT FOR BANNING ECONOMIC DEVELOPMENT TAKINGS. Cohen, Charles E. // Harvard Journal of Law & Public Policy;Spring2006, Vol. 29 Issue 2, p491 

    The article discusses the eminent domain case Kelo v. City of New London in Connecticut. Part II of the article briefly traces the history of the public use requirement in the U.S. from colonial times through the U.S. Supreme Court's decision in Kelo. Part III discusses the rationales for the...

  • Can't We All Just Get Along Here? Pendergrass, John // Environmental Forum;Sep/Oct2005, Vol. 22 Issue 5, p8 

    This article reports that the U.S. Supreme Court's decision in Kelo v. City of New London has set off a reconsideration at all levels of government of the use of eminent domain for economic development. The decision drew public attention to the practice, with many comments referring to it as...

  • FROM NEW LONDON TO NORWOOD: A YEAR IN THE LIFE OF EMINENT DOMAIN. Han, Andrew S. // Duke Law Journal;Mar2008, Vol. 57 Issue 5, p1449 

    A little more than a year after the U.S. Supreme Court's decision in Kelo v. City of New London upheld the use of eminent domain for economic development, the Ohio Supreme Court became the first state supreme court to address a factual situation raising the same issues. In City of Norwood v....

  • THE INFLUENCE OF KELO V. CITY OF NEW LONDON, CONNECTICUT ON THE USE OF EMINENT DOMAIN IN PLACE MARKETING AND ECONOMIC DEVELOPMENT. STEWART, GEOFFREY T.; BOWIE-HILL, JERILYN; KEATY, ANNE K.; SRIVASTAVA, RAJESH // Marketing Management Journal;Fall2008, Vol. 18 Issue 2, p179 

    Seeking to enhance the economic growth of a respective business ecosystem, one tool in the governmental place marketer's (place marketer) arsenal that has recently come under scrutiny is its ability to expropriate private property through eminent domain when assimilating parcels of land. While...

Share

Read the Article

Courtesy of VIRGINIA BEACH PUBLIC LIBRARY AND SYSTEM

Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics