Public Use | Kelo

We recently asked “Is Kelo A Conservative Issue?,” and the the Ricochet blog asked the related question “Is Eminent Domain a Civil Rights Issue?.” 

In that vein, check out the above video from Reason about one case where “redevelopment” certainly seems to have raised civil rights concerns.

Update: More thoughts on the apology from Gideon Kanner , the Queens, NY-based property owners’ blog Willits Point United, and from eminent domain scholar lawprof Ilya Somin.

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Comes word from Jeff Benedict, author of the Kelo book Little Pink House, via his blog and a story in the Hartford Courant

Thanks to the Rocky Mountain Appellate Blog for pointing out the Colorado Supreme Court’s recent opinion in The Glenelk Ass’n, Inc. v. Lewis, No. 10SC275 (Sep. 12, 2011), an important decision about the standard of proof in private-way-of-necessity condemnations. The court concluded that a property owner who claimed to be “landlocked” could not condemn

Worth reading: “Six Years of Separation: Life After Kelo” by Ethan Friedman, posted on Miller Starr’s web site. Mr. Friedman writes about the state of affairs in eminent domain at the macro level, noting the reactions in state legislatures and the US House of Representatives’ current consideration of the “Private Property Rights Protection

Today, we filed the Reply Brief (also available below) in the case that asks: after Kelo, when is eminent domain pretextual? 

Last month, we filed a cert petition asking the Supreme Court to review the Hawaii Supreme Court’s decision in County of Hawaii v. C&J Coupe Family Ltd. P’ship, 242 P.3d 1136

5330215_big The American Bar Association’s Section of State & Local Government Law has just published a new book on eminent domain fundamentals: Eminent Domain – A Handbook of Condemnation Law (available for preorder here).

I was privileged to author two chapters (Prelitigation Process and Flooding & Erosion), and my Damon Key colleagues Mark