Public Use | Kelo

Here’s an article by IJ’s Dana Berliner, a retrospective on public use in eminent domain and where the decade since Kelo has left us.  

It is a sign of the constitutional damage Kelo caused that these two related features of the opinion—blind deference and the refusal to engage with facts—have marked post-Kelo jurisprudence.

The Solicitor General of South Carolina has issued this opinion letter, answering the following three questions about a state statute which “purports to confer all rights, powers, and privileges given to telegraph and telephone companies” to pipeline companies:

  • Since S.C. Code § 58-7-10 et seq. appears to mainly concern waterworks, sewage disposal, and natural

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The Land Use Institute, a program that for many years has been planned by co-chairs Frank Schnidman and Gideon Kanner, has found a new home with the American Bar Association’s Section of State and Local Government Law as the main sponsor. It also has a new Planning co-chair, Dean Patty Salkin of Touro Law

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The hotel reservations link for the 2016 ALI-CLE Eminent Domain and Land Valuation and Condemnation 101 Conference is now live.

Reserve your hotel room now, via this link to ensure that you have a spot in the conference hotel. [note: link updated 7/8/2015]

We’re still working on the agenda and faculty, but here are the

Attend any talk by a judge which includes legal writing tips, and there’s sure to be this one: keep it as short as is necessary to make your points. Justice Kennedy’s remark that “I never read a brief I couldn’t put down in the middle” and Chief Justice Roberts noting “I can’t

In case you somehow missed it, takings junkies, today, June 23, 2015, is the tenth anniversary of the U.S. Supreme Court’s excreable 5-4 decision in Kelo v. City of New London, 545 U.S. 469 (2005), and just about anyone who is anyone in our field has weighed in with a retrospective. We don’t have much

Update: here’s more Horne talk, in addition to our own initial thoughts in the above video and this post (“Magna Raisins: 8-1 SCOTUS Says There’s A Taking, But Not All Agree On Remedy“):

Hardly seems like a decade ago that the Supreme Court gave us eminent domain lawyers something to talk about at cocktail parties: the Court’s infamous and widely-hated decision in Kelo v. City of New London

Find out about what the intervening ten years has brought us from the Cato Institute, which is sponsoring a