The Kelo Effect in New York, New Jersey and Pennsylvania: Assessing the Impact of Kelo in the Tri-State Region

Abstract:     
Although the U.S. Supreme Court decision in Kelo v. City of New London did not change the federal law with respect to the ability of governments to exercise the power of eminent domain for economic or redevelopment projects, the public backlash from the opinion resulted in more than 600 proposed pieces of legislation, the establishment of task forces and study commissions across the country, and increased public awareness and scrutiny of proposed condemnations. This paper examines the state constutional and statutory frameworks in the tri-state region both pre- and post-Kelo. It discusses the NYS Bar Association Task Force on Eminent Domain, the reports from the New Jersey Public Advocate, and a new 2006 law from Pennsylavnia. In addition, the paper examines state court decisions post-Kelo in New York and New Jeresey. The use of eminent domain post-Kelo is examined through a series of case studies including: Atlantic Yards in Brooklyn, NY; Long Branch, NJ; Ardmore, PA; and Vineland, New Jersey. The paper concludes by advocating for reforms to government procurement/contracting laws, ethics laws and campaign finance laws to address recent allegations of potential improprieties in some redevelopment projects.

Number of Pages in PDF File: 39

Keywords: eminent domain, condemnation, Kelo, Atlantic Yards, Long Branch

JEL Classification: H70, K11, R10

Accepted Paper Series