Public Use | Kelo

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

Some interesting items have crossed my desk on Friday and Saturday:

  • From the Grand Theft: Property blog, Jim Mattson posts his thoughts about Monks v. City of Rancho Palos Verdes, 67 Cal. App. 4th 263 (Cal. Ct. App. 2008), the case in which a California Court of Appeals held that a municipality’s development moratorium

5430464_big A recent book of interest to condemnation lawyers, Current Condemnation Law: Takings, Compensation & Benefits (2d ed.).

The book is co-edited by my Owner’s Counsel of America colleague Alan T. Ackerman. (He also has a blog about eminent domain issues.)

From the blurb:

Condemnation of property is an especially topical subject after the U.S.

Eminent domain in the news:

It’s a stark contrast between new and old, progress and past. The tension between the two has landed the university in the middle of a lawsuit that could set a precedent for redevelopment projects under way in Virginia.
A year ago, Norfolk’s Redevelopment and Housing Authority moved to condemn the house and three other buildings to the south of ODU’s University Village, saying the land was in a blighted area and is needed for the university’s expansion.
The owners responded with a suit, saying the housing authority has no right to take their property, in part because the development of University Village in the past decade has cleaned up the blight.
The property owner’s lawyer is my Owner’s Counsel of America colleague Joseph Waldo.

Separately, [Carol] Browner [President Obama’s special advisor on climate change and energy] said the administration was also going to create an inter-agency task force to site a new national electricity transmission grid to meetboth growing demand and the President’s planned renewable energy expansion.Siting has been a major bottleneck to renewable growth, and lawmakers andadministration officials have said they’re likely to seek greater federal powersthat would give expanded eminent domain authorities.Continue Reading Eminent Domain Round-Up