Eminent Domain | Condemnation

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

As reported in this story from West Hawaii Today, a Hawaii trial court is considering whether a second attempt to condemn property ostensibly for a road is pretextual when it determined the first attempt was unconstitutional. Disclosure: we represent the property owner in this case.

“Classic” Uses Not Immune

In County of Hawaii v. C&J

“Susette Kelo’s legal battle with New London, Conn. brought about one of the most controversial and troubling Supreme Court rulings in many many years. But her fight also spurred a backlash among property owners and state legislatures. Dozens of states have tightened rules for eminent domain. Many have simply banned the practice of eminent domain

Instead of an in-person Spring Meeting this year, the ABA Section of State & Local Government Law will be “meeting” virtually from March 31-April 2, 2009.  As part of the meeting, the Section will be featuring a series of teleconference and live audio webcasts on a variety of subjects including topics near and dear to

A teaser for The Battle of Brooklyn, produced by the Moving Picture Institute (which “nurtures promising filmmakers who are committed to protecting and sustaining a free society”) about the ongoing redevelopment dispute in Brooklyn over the Atlantic Yards project. The summary describes the film:

The Battle of Brooklyn explores the poorly understood phenomenonof eminent

Develop Don’t Destroy 104597/07 (Brooklyn) v. Urban Dev. Corp., 2009 NY Slip Op 01395 (Feb. 26, 2009) is the latest decision involving Brooklyn’s Atlantic Yards redevelopment project. See “A Hole Grows In Brooklyn” from the Wall Street Journal for more.  An earlier constitutional objection to the public use of the taking was

In Lichoulas v. City of Lowell, No. 08-1485, 08-2023 (1st Cir., Jan. 30, 2009), the U.S. Court of Appeals declined to rule on a property owner’s objection to a taking for redevelopment, holding that public use challenges belong in state court. Interestingly, the court cited Williamson County Regional Planning Comm’n v. Hamilton Bank of

Lph Certain addresses — real and fictitious — are instantly recognizable: 1600 Pennsylvania Avenue NW, Washington, DC and 221B Baker Street, London for example.

8 East Street, New London, Connecticut, however, isn’t an address that most people recognize. 

is the former address of the “little pink house” which is the subject of Jeff Benedict’s Little