TITLE

Living in the Past: The Kelo Court and Public-Private Economic Redevelopment

AUTHOR(S)
Mihaly, Marc B.
PUB. DATE
February 2007
SOURCE
Ecology Law Quarterly;2007, Vol. 34 Issue 1, p1
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
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 commercial development. The case ignited a firestorm of opposition. Property rights advocates, moving beyond the dissenters' arguments, introduced legislation in most states and in Congress which would terminate the use of condemnation to assist economic redevelopment for any purpose. This Article critiques both the majority opinion and dissents in light of the modern practice of public private economic redevelopment. It argues that the majority opinion fails to elucidate the economic and social activity involved, and that the facts in Kelo are unrepresentative of modern redevelopment--a productive and necessary cure for land use market failure in center cities. This public-private collaboration catalyzes the revitalization of downtowns, facilitates infill development, and produces much of the nation's affordable housing. Where such redevelopment requires the use of eminent domain, its exercise is essential against economically motivated owners who refuse to participate in the redevelopment and hold out for untenable prices. The exercise of eminent domain rarely involves condemnation of residential uses, and when so directed, now requires relocation and produces compensation that usually exceeds fair market value. This Article proposes that modern public-private economic redevelopment commingles public and private uses, public and private ownership, and public and private gain in ways that renders inapposite and un-administrable both the majority's view of land use and the dissenters' proposed litmus tests for acceptable use of eminent domain. Finally, this Article contends that Justice O'Connor's dissent clashes inexplicably with principles of deference she herself articulated in the Court's last pronouncement on redevelopment, that the dissenters' policy complaints are decades out-of-date, and that the landscape of uses and municipal financing the Justices would reinstate lies in the irretrievable past.
ACCESSION #
25143883

 

Related Articles

  • RESTRAINING EMINENT DOMAIN THROUGH JUST COMPENSATION: Kelo v. City of New London, 125 S. Ct. 2655 (2005). Talley, Brett // Harvard Journal of Law & Public Policy;Spring2006, Vol. 29 Issue 2, p759 

    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...

  • 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...

  • Kelo's Legacy. Cole, Daniel H. // Environmental Law Reporter: News & Analysis;Jul2007, Vol. 37 Issue 7, p10540 

    The article provides information on the ruling of the U.S. Supreme Court in Kelo versus City of New London, Connecticut. In 2005, Justice Sandra Day O'Connor, property rights advocates and legislators all assailed the decision as the death knell for private property rights. However, the ruling...

  • How Eminent Domain Ran Amok. Main, Carla T. // Policy Review;Oct/Nov2005, Issue 133, p3 

    Analyzes the concept of eminent domain in relation to the U.S. Supreme Court case Kelo versus City of New London, Connecticut. Overview of the case; Controversies surrounding the decision of the court in the case; Notions about the authority of the government to take the homes of private owners...

  • The Evolution of Eminent Domain: A Remedy for Market Failure or an Effort to Limit Government Power and Government Failure? Benson, Bruce L. // Independent Review;Winter2008, Vol. 12 Issue 3, p423 

    The article deals with the historical development of and resistance to taking powers in England and with efforts to constrain it. It then turns to colonial America and the efforts to limit government powers, known as power of eminent domain, to confiscate property in the U.S. constitution....

  • 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...

  • THE JUDICIAL REACTION TO KELO. Somin, Ilya // Albany Government Law Review;2011, Vol. 4 Issue 1, p1 

    The article discusses the U.S. Supreme Court case Kelo v. City of New London. It mentions the ruling of the case which permits condemnation for public use only. It notes the opposition of the public, politicians, and activists on the decision. It also emphasizes the controversy of the case which...

  • NO MORE GOVERNMENT THEFT OF PROPERTY! A CALL TO RETURN TO A HEIGHTENED STANDARD OF REVIEW AFTER THE UNITED STATES SUPREME COURT DECISION IN KELO V. CITY OF NEW LONDON. Burkard, Kristi M. // Hamline Journal of Public Law & Policy;Fall2005, Vol. 27 Issue 1, p115 

    The article examines the governmental abuse of the power to eminent domain, which gives the government an authority to take a private property for public use. In the case of Kelo v. City of New London, the Supreme Court holds the taking of privately owned land for a purely private corporation as...

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