The Mighty Myths of Kelo
John R. Nolon
Pace University School of Law
Government, Law and Policy Journal, Vol. 9, p. 10, 2007
The press releases of property rights activists and the media's rapid embrace of their views have perpetuated several myths about the U.S. Supreme Court's decision in Kelo v. New London. In the immediate aftermath of this myth making, the legislatures of several states have adopted restrictions on the use of eminent domain with uncharacteristic speed. Wisely, the New York State Legislature has been more cautious in its reaction. As it turns out, many of the eminent domain laws in other states have nothing to do with New London's program of area-wide redevelopment or the legal holding of the Kelo case. In fact some will have the unintended consequence of crippling state and municipal efforts to direct the redevelopment of inner-city neighborhoods, coastal areas subject to inundation due to climate change, and cities trying to rebuild after devastating natural disasters.
Number of Pages in PDF File: 5Accepted Paper Series
Date posted: February 24, 2009
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