Abstract

http://ssrn.com/abstract=1022385
 
 

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Pass a Law, Any Law, Fast! State Legislative Responses to the Kelo Backlash


Edward J. Lopez


Western Carolina University

R. Todd Jewell


University of North Texas - Department of Economics

Noel D. Campbell


University of Central Arkansas

June 17, 2008


Abstract:     
The Supreme Court in Kelo v. City of New London left protection of property against takings for economic development to the states. Since Kelo, thirty-seven states have enacted legislation to update their eminent domain laws. This paper is the first to theoretically and empirically analyze the factors that influence whether, in what manner, and how quickly states change their laws through new legislation. Fourteen of the thirty-seven new laws offer only weak protections against development takings. The legislative response to Kelo was responsive to measures of the backlash but only in the binary decision whether to pass any new law. The decision to enact a meaningful restriction was more a function of relevant political economy measures. States with more economic freedom, greater value of new housing construction, and less racial and income inequality are more likely to have enacted stronger restrictions, and sooner. Of the thirteen states that have not updated, Arkansas, Oklahoma and Mississippi are highly likely to do so in the future. Hawaii, Massachusetts and New York are unlikely to update ever if at all.

Number of Pages in PDF File: 42

Keywords: eminent domain, state legislation, property rights, Kelo v. City of New London, limited dependent variables, duration analysis

JEL Classification: K11, H7, D7

working papers series





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Date posted: October 18, 2007 ; Last revised: June 17, 2008

Suggested Citation

Lopez, Edward J. and Jewell, R. Todd and Campbell, Noel D., Pass a Law, Any Law, Fast! State Legislative Responses to the Kelo Backlash (June 17, 2008). Available at SSRN: http://ssrn.com/abstract=1022385 or http://dx.doi.org/10.2139/ssrn.1022385

Contact Information

Edward J. Lopez (Contact Author)
Western Carolina University ( email )
College of Business
Forsyth 224C
Cullowhee, NC 28723
United States
HOME PAGE: http://www.edwardjlopez.com
R. Todd Jewell
University of North Texas - Department of Economics ( email )
Denton, TX 76203-1457
United States
Noel D. Campbell
University of Central Arkansas ( email )
Conway, AR 72032
United States
(501)852-7743 (Phone)
Feedback to SSRN


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