Federalist Society Webinar on the 20th Anniversary of Kelo v. City of New London
The panelists included Peter Byrne (Georgetown), Wesley Horton (counsel for New London in the case), Timothy Sandefur (Goldwater Institute), and myself.
Kelo
The 20th Anniversary of Kelo v. City of New London
On this anniversary, I have posted two new articles related to one of the Supreme Court's most controversial decisions.
The Government Seized Her Home for a Project That Never Happened
Twenty years after Susette Kelo lost at the Supreme Court, the land where her house once stood is still an empty lot.
My Forthcoming Article on " Public Use, Exclusionary Zoning, and Democracy"
It is part of the Yale Journal on Regulation Symposium on the 20th Anniversary of Kelo v. City of New London.
New Jersey Town Seeks to Condemn Church to Build a Park and Pickleball Courts
The move may be a pretext for blocking the church's plan to build a homeless shelter. If the town proceeds, it will face near-certain litigation under the federal and state constitutions.
Supreme Court Refuses to Hear Case that Might Have Led to Overruling of Kelo v. City of New London
We don't know why the justices chose not to take it.
Lawsuit Challenges Use of Eminent Domain as NIMBY Tool to Block Housing Project
A Rhode Island town seeks to use eminent domain to block construction of a large-scale affordable housing project.
The Supreme Court Has an Opportunity To Correct Its Kelo Eminent Domain Error
A New York case revives concerns about seizing private property to benefit favored developers.
Our Amicus Brief Urging the Supreme Court to Hear Case on Overruling Kelo v. City of New London
The brief is on behalf of the Cato Institute and myself.
Supreme Court Can Protect Property Owners From Eminent Domain Abuse
A Utica, New York, land grab offers the justices an opportunity to revisit a widely criticized precedent.
The Government Took a Developer's Land and Gave It to a Competitor. In New York, That's Business As Usual.
The case gives the Supreme Court an opportunity to revisit a widely reviled decision that invited such eminent domain abuses.
Institute for Justice Petitions Supreme Court to Take Case Seeking to Overrule Kelo v. City of New London
Kelo is the 2005 ruling in which the Supreme Court held that the government can take property for private "economic development.""
Supreme Court Refuses to Hear "Passive Park" Public Use Property Rights Case
While I am eager for the Court to take another public use case, I am actually happy the justices chose to reject this one. Its unusual facts made it a poor vehicle for revisiting Kelo v. City of New London.
Learning the Wrong Lessons From the Eminent Domain Legacy at Chavez Ravine
Progressives are trying to fix the errors of the past, but they're ignoring the best solution: More robust property rights.
New London Gives $6.5 Million in Tax Breaks to Developer Planning to Build Housing on Land Condemned in the Kelo Case
The property has remained empty for almost twenty years, after the Supreme Court's controversial ruling upholding its condemnation to promote "economic development."
Interview on the Eminent Domain Podcast
Bobby Debelak, new host of this podcast, interviewed me about a variety of topics related to eminent domain and property rights.
Missouri Bill Would Ban Eminent Domain, but Only for Wind and Solar Projects
The Show Me State has plenty of room to rein in laws on taking private property, but instead, lawmakers are focusing only on one very narrow use case.
Second Circuit Rules that a "Passive Park" Qualifies as a Public Use Authorizing Use of Eminent Domain - Even if this Rationale is a Pretext for a Desire to Block Private Owners' Plan to Build a Hardware Store
The case raises an important issue about what qualifies as a "pretextual" taking. It's a rare takings issue on which I don't have a clear position.
Sandra Day O'Connor, RIP
She was the first woman Supreme Court justice, and played a key role in changing the Court's jurisprudence for the better on several issues.
Academics Pick their "Most Underappreciated" Articles [Updated]
Econ Journal Watch asked academics with high citation counts to pick their most underappreciated article. I participated in the project, along with a number of prominent scholars from various disciplines.
Will There Finally be Some Development on the Land Condemned in Kelo v. City of New London?
A new development project may finally build new housing on on property whose condemnation for purposes of "economic development" was upheld by the Supreme Court in a controversial 2005 decision.
Justice Scalia's Unpublished Dissent in Kelo v. City of New London
Its existence was revealed when Justice John Paul Stevens' papers were made public earlier this week.
What I Learned From Justice Stevens' Papers on Kelo v. City of New London
There are several interesting revelations, including an unpublished dissent by Justice Antonin Scalia.
What I Hope to Learn from Justice Stevens' Papers on Kelo v. City of New London
The author of one of the Supreme Court's most widely hated rulings left us extensive files on the case, which have just been made public. They could help shed light on key unanswered questions about.
Supreme Court Historical Society Airing of "Little Pink House" (2017 Movie About Kelo v. City of New London), with Me as Commentator
This April 11 event is free and open to the public.
North Carolina Using Eminent Domain To Seize Homes and a Church for Electric Car Factory
Under the Kelo v. New London Supreme Court decision, a state can take private land to give to a private developer for almost any reason it wants.
My New Video on Kelo v. City of New London
The video is part of the Federalist Society's series on important Supreme Court decisions.
New York's Ultra-Broad Definition of "Blight" Continues to Enable Eminent Domain Abuse
In this case, it enables the state to declare the area around Penn Station in New York City "blighted" and thereby authorize the use of eminent domain to take property for transfer to private interests.
Terrible Supreme Court Decisions that Should be Added to the "Anticanon" of Constitutional Law - Part I
Constitution Day is a good time to consider the issue of whether we have been overly accepting of some horrendous Supreme Court precedents. The Chinese Exclusion Case of 1889 is a great example.
Kelo, Originalism, and Public Use
A response to Jonathan Adler's attempt at an originalist defense of Kelo v. City of New London.
Three Supreme Court Justices Signal Willingness to Reconsider Kelo v. City of New London
It's an indication that the notorious decision holding that the government can take property for private "economic development" may be vulnerable.
Lessons of an Effort to Compensate Victims of an Unjust Use of Eminent Domain a Century after it Happened
Los Angeles County, California, plans to return land unjustly seized from a black family in 1924.
Foxconn Debacle is Yet Another Example of the Dangers of Using Eminent Domain to Promote Economic Development
As in many previous cases, government officials promised huge economic gains from seizing property for transfer to private interests - but failed to deliver.
New York's Highest Court Upholds Taking of Private Property for Pipeline that Might Never Get Built
The 4-2 ruling is reminiscent of the federal Supreme Court's dubious decision in Kelo v. City of New London, which also upheld a condemnation for a project that turned out to be a dud.
The 15th Anniversary of Kelo v. City of New London
Today is the anniversary of one of the most controversial - and most unpopular - property rights decisions in the history of the Supreme Court.
My New "Atlantic" Article Making the Case for Strengthening Protection for Property Rights
It particularly emphasizes ways in which weak property rights harm the poor and disadvantaged.
Videos of Panels on Sanctuary Cities and Constitutional Property Rights
I took part in panels on these topics at the recent Federalist Society National Lawyers Convention
Justice John Paul Stevens, RIP
An admirable man with a distinguished career as a Supreme Court justice. But also the author of some of the more problematic opinions of his era.
Justice Stevens Admits Error in the Kelo Case—but Also Doubles Down on the Bottom Line
In his recent memoir, he admits he seriously misinterpreted precedent in one of his most controversial decisions, but maintains he still got the result right.
Will Connecticut Finally Enact Meaningful Eminent Domain Reform?
Fourteen years after the notorious Kelo case, the state where the case originated still has one of the nation's weakest eminent domain reform laws. A bill currently before the state legislature could change that.
Will Connecticut—Home of the Kelo Supreme Court Case—Finally End Eminent Domain Abuse?
A bill in the state legislature would stop cities from seizing property and handing it over to developers.
GM Will Shut Down Factory Built on Land Seized in Controversial 1981 Poletown Taking
The factory stands on land seized in a taking that forcibly displaced over 4000 people, and attracted widespread widespread opposition. The lessons and legacy of the Poletown case remain relevant today.
Houses Passes Private Property Rights Protection Act - But Celebration is Premature
The eminent domain reform bill is the same legislation that has passed the House three previous times since 2005. Each time, it died in the Senate without ever coming to a vote.
Trump, Ryan, and Walker Want to Seize Wisconsin Homes to Build a Foxconn Plant
State and local officials are doling out $4.5 billion and 1,000 acres to lure the Taiwanese manufacturing giant.
Give Susette Kelo Her Land Back
Jeff Benedict, author of "Little Pink House," proposes that the City of New London return the land it condemned in the takings that led to the notorious Supreme Court decision in Kelo v. City of New London.
Little Pink House Having Huge Opening Week
A low-budget account of the Kelo case sells out a 1,400-seat theater and gets the Megyn Kelly treatment plus a love-letter from George Will.
"Little Pink House" Brings the Kelo Case to the Big Screen
An impressive new movie dramatizes the story behind the famous Supreme Court case about whether it is permissible for the government to condemn homes in order to promote private "economic development."
Stossel: Little Pink House
The story of how the government can take your home against your will.
