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Post-Kelo Amendments To Louisiana Constitution Prohibit Taking To Lease To Private Company For Its Own Use (Even If The Fifth Amendment Might Allow It)

By Robert H. Thomas on March 9, 2026

Posted in Eminent Domain | Condemnation, Public Use | Kelo, State Constitutions

In Plaquemines Port Harbor & Terminal District v. Nguyen, No 2025-C-00827 (Mar. 6, 2026), the Louisiana Supreme Court invalidated a quick take by the Port of a vacant 29-acre parcel, because the property was to be leased to “a private company for its exclusive development and use.” Slip op. at 1. [Disclosure: our shop filed an amicus brief, so we had a dog in the hunt.]…
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