Eminent Domain

Eminent Domain
Author: Il-chung Kim
Publisher: Cambridge University Press
Total Pages: 329
Release: 2017-04-06
Genre: Law
ISBN: 1107177294

A collection of essays that examines the use and abuse of eminent domain across the world.

The Grasping Hand

The Grasping Hand
Author: Ilya Somin
Publisher: University of Chicago Press
Total Pages: 369
Release: 2015-05-28
Genre: Law
ISBN: 022625674X

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. The Court’s decision in Kelo v. City of New London empowered the grasping hand of the state at the expense of the invisible hand of the market. In this detailed study of one of the most controversial Supreme Court cases in modern times, Ilya Somin argues that Kelo was a grave error. Economic development and “blight” condemnations are unconstitutional under both originalist and most “living constitution” theories of legal interpretation. They also victimize the poor and the politically weak for the benefit of powerful interest groups and often destroy more economic value than they create. Kelo itself exemplifies these patterns. The residents targeted for condemnation lacked the influence needed to combat the formidable government and corporate interests arrayed against them. Moreover, the city’s poorly conceived development plan ultimately failed: the condemned land lies empty to this day, occupied only by feral cats. The Supreme Court’s unpopular ruling triggered an unprecedented political reaction, with forty-five states passing new laws intended to limit the use of eminent domain. But many of the new laws impose few or no genuine constraints on takings. The Kelo backlash led to significant progress, but not nearly as much as it may have seemed. Despite its outcome, the closely divided 5-4 ruling shattered what many believed to be a consensus that virtually any condemnation qualifies as a public use under the Fifth Amendment. It also showed that there is widespread public opposition to eminent domain abuse. With controversy over takings sure to continue, The Grasping Hand offers the first book-length analysis of Kelo by a legal scholar, alongside a broader history of the dispute over public use and eminent domain and an evaluation of options for reform.

Sessional Papers

Sessional Papers
Author:
Publisher:
Total Pages: 1160
Release: 1910
Genre: Canada
ISBN:

"Report of the Dominion fishery commission on the fisheries of the province of Ontario, 1893", issued as vol. 26, no. 7, supplement.

Eminent Domain Use and Abuse

Eminent Domain Use and Abuse
Author: Dwight H. Merriam
Publisher: American Bar Association
Total Pages: 376
Release: 2006
Genre: Business & Economics
ISBN: 9781590316382

This book is a comprehensive analysis of the U.S. Supreme Court decision in Kelo v. City of New London. It addresses the controversial and important question of when eminent domain may constitutionally be used to take property for projects that are not publicly owned and operated facilities, such as schools and town halls. The volume captures and conveys the context within which this debate is taking place as well as offers guidance concerning the Kelo decision itself and how it may be used.

Report

Report
Author: Board of Transport Commissioners for Canada
Publisher:
Total Pages: 928
Release: 1907
Genre: Railroads
ISBN:

The Central Law Journal

The Central Law Journal
Author:
Publisher:
Total Pages: 590
Release: 1902
Genre: Law
ISBN:

Vols. 65-96 include "Central law journal's international law list."

Sessional Papers of the Dominion of Canada

Sessional Papers of the Dominion of Canada
Author: Canada. Parliament
Publisher:
Total Pages: 1164
Release: 1902
Genre: Canada
ISBN:

"Report of the Dominion fishery commission on the fisheries of the province of Ontario, 1893", issued as vol. 26, no. 7, supplement.