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.
Public Use
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.
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.
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.
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.
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.
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.
My New Brennan Center Article on Tyler v. Hennepin County and the Cross-Ideological Case for Stronger Judicial Protection for Constitutional Property Rights
The Tyler home equity theft case is just the tip of a much larger iceberg of property rights issues where stronger judicial protection can protect the interests of the poor and minorities, as well as promote the federalist values of localism and diversity.
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.
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.
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.
Reversing Roe v. Wade Wouldn't be the First Time the Supreme Court Gutted Precedents that Protect Individual Rights - Far From it
That fact doesn't necessarily justify overruling Roe. Depending on how it's viewed, the history of such reversals may even counsel against further such moves.
New York City's Bryant Park Was a Hot Mess. Then It Was Privatized.
When government does things, most everything costs more and is lower quality.
Two More Worthy Additions to the "Anticanon" of Constitutional Law - Berman v. Parker and Euclid v. Ambler Realty
Second in a series of posts on historically awful Supreme Court decisions that deserve more opprobrium than they get.
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.
My Washington Times Article on the Need to Limit Government Power to Take Private Property
The article is Part I of a two-part series.
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.
All Statues Should Be Private
We should celebrate our fandom on our own dime, and on our own property.
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.
Israeli Supreme Court Strikes Down Law Authorizing Expropriation of Palestinian Private Property for Use by Israeli Settlers - and Cites my Work on Eminent Domain in the US in the Process
The decision distinguishes US Supreme Court cases allowing the government to transfer property from one private party to another for almost any "public purpose."
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
Can California Ban Gun Shows From Public Fairgrounds?
A district judge says no, but don't expect the state’s gun-grabbing politicians to give up.
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.
New Jersey Court Strikes Down Use of Eminent Domain to Take Property to "Bank" it for Possible Future Use
The court concluded that property may only be condemned for projects that will proceed in "the reasonably foreseeable future."
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.
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" 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."
Court Rules That Seattle Law Banning Landlords From Screening 'Qualified' Tenants Is a Taking
The state court ruling also concluded the taking violates the state constitution because it is for a forbidden "private use," rather than a public one.
