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Article: Eminent Domain Legislation by state.(Reprint)
- Article from:
- Public Management
- Article date:
- December 1, 2005
- Author:
CopyrightCOPYRIGHT 2005 International City-County Management Association. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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State legislatures have been responding to the U.S. Supreme Court decision that was delivered on June 23, 2005, in Kelo v. New London (04-108). In this case, the court determined that the "public use" provision of the takings clause of the 5th Amendment to the U.S. Constitution permits eminent domain for economic development purposes that provide a "public benefit" pursuant to a Connecticut statute.
At the same time, the court acknowledged that nothing in its decision precludes a state from placing further restrictions on the use of eminent domain. This article discusses the categories of legislation that the National Conference of State Legislatures (NCSL) has ...