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From New London to Norwood: a year in the life of eminent domain.
- Article from:
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Duke Law Journal
- Article date:
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March 1, 2008
- Author:
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Copyright informationCOPYRIGHT 2008 Duke University, School of Law. 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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ABSTRACT
A little more than a year after the U.S. Supreme Court's decision in Kelo v. City of New London upheld the use of eminent domain for economic development, the Ohio Supreme Court became the first state supreme court to address a factual situation raising the same issues. In City of Norwood v. Horney, the Ohio court repudiated the Kelo rationale and rejected Norwood's proposed takings. Property rights advocates quickly hailed Norwood as a model for other state courts to follow in defending individual land owners from eminent domain abuse. This Note argues that Norwood's holding is incoherent and does nothing to resolve the language-based quagmire that inflames the ...
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