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Eminent Domain by "Eminent domain has a long and distinguished legal history, dating from the first limits on sovereign power in the Magna Carta. Just compensation is a newer concept, and court decisions such as Kelo v. New London make the exercise of eminent domain controversial. Can government condemn property to increase its tax base?"
Publication Date: 2014-01-07
The Grasping Hand by "In 2005, the Supreme Court ruled that the city of New London, Connecticut, could condemn fifteen residential properties in order to transfer them to a new private owner. Although the Fifth Amendment only permits the taking of private property for 'public use', the Court ruled that the transfer of condemned land to private parties for 'economic development' is permitted by the Constitution - even if the government cannot prove that the expected development will ever actually happen."
Publication Date: 2015-05-28
The Safeguard of Liberty and Property by "In 2005, the Supreme Court ruled in Kelo v. New London that a city might take property from one private owner and transfer it to another for economic redevelopment. The ruling marked a new interpretation of the Fifth Amendment to the Constitution, and set a precedent which has raised significant questions regarding government takings and property rights."
Publication Date: 2014-12-11
Bulldozed by "No domestic policy issue more angers or galvanizes the public than the controversy over eminent domain-the taking of private property for public use. The stakes in this always controversial procedure have been dramatically raised in recent years as eminent domain has been used to fund private development. As the notorious Kelo case in New London, CT demonstrated last year. The practice of using eminent domain to enrich municipalities is an incendiary issue. Veteran journalist, Carla Main, takes a hard look at this practice and delivers an incisive expose that is sure to be widely read and hotly debated."
Publication Date: 2007-09-17
Law Review Articles
Steven J. Eagle, The Four-Factor Penn Central Regulatory Takings Test, 118 Penn. St. L. Rev. 601 (2014)
"This Article examines the ad hoc, multifactor, regulatory takings doctrine derived from Penn Central Transportation Co. v. City of New York. It analyzes the conventional three-factor characterization of the Penn Central factors, and concludes that a four-factor approach better captures the dynamics of the Penn Central analysis. 'Parcel as a whole', conceptually regarded as delimiting the relevant parcel for the Penn Central inquiry, in fact interacts with the 'economic impact,' 'investment-backed expectations,' and 'character of the regulation factors.'
Takings Decisions of the U.S. Supreme Court: A Chronology
"Once in the constitutional wings, the Takings Clause of the Fifth Amendment today stands center stage. More than 50 takings cases have been decided by the Supreme Court since it launched the modern era of takings jurisprudence in 1978. No debate on the proper balance between private property rights and conflicting societal needs is complete without noting the Takings Clause."
Delegation of the Federal Power of Eminent Domain to Nonfederal Entities
"Congress has on several occasions delegated its power of eminent domain to entities outside the federal government — public and private corporations, interstate compact agencies, state and local governments, and even individuals. The constitutionality of such delegation, and of the exercise of such power by even private delegatees, is today beyond dispute."
Library of Congress Subject Headings