Professor James Ely (who among other things, is the author of The Guardian of Every Other Right: A Constitutional History of Property Rights) writes “A Report Card on Post-Kelo Eminent Domain Reforms” at the Oxford University Press blog. He notes the “decidedly mixed” legislative reactions to Kelo, and how many apparent reforms have left loopholes. He also notes:
Although the state legislative response to Kelo has been decidedlymixed, several state supreme courts have struck down the exercise ofeminent domain for economic development purposes by private parties.For example, the Ohio and Oklahoma supreme courts have specificallyrejected the reasoning in Kelo and construed their own stateconstitutions to afford greater protection of property owners againsteminent domain.
He concludes that with a reintroduction of property rights to the public debate, that efforts at reform “may ultimately bear more fruit.”