Review Articles: Eminent Domain: A Review of the Issues

Jesse Saginor and John McDonald

Journal of Real Estate Literature, 2009, vol. 17, issue 1, 1-43

Abstract: This paper surveys the literature on eminent domain, particularly as it pertains to economic development projects. This survey is timely because of the recent Supreme Court decision in the case of Kelo v. City of New London. The majority of the Court now equates public use to public purpose and approves of the Connecticut local economic development statute. However, the Kelo decision generated much controversy at local, state, and federal levels. Use of the power of eminent domain for economic development projects remains controversial because of the perception that the definition of public use has become too broad in that transfer of property from one private owner to another is involved—even though "just compensation" is provided and a public purpose motivates the property acquisition. The debate seems to pit one idea of conservatism (judicial restraint) against another (inviolability of property rights).

Date: 2009
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DOI: 10.1080/10835547.2009.12090247

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