Abstract

http://ssrn.com/abstract=1360523
 


 



Recent Developments in Public Use and Pretext in Eminent Domain


Robert H. Thomas


affiliation not provided to SSRN

March, 16 2009


Abstract:     
The Supreme Court's controversial 5-4 decision in Kelo v. City of New London renewed both public and judicial interest in the contours of the Public Use requirement of the Fifth Amendment and its counterparts in state constitutions. Courts began to take a harder look at how the government's claim that property is being condemned for a public use or purpose can be challenged by a landowner, and what degree of deference is owed by the courts to the government's assertion. This article summarizes recent developments in public use and pretext litigation.

Keywords: eminent, domain, condemnation, public use, pretext, kelo, coupe, takings

working papers series


Not Available For Download

Date posted: March 16, 2009  

Suggested Citation

Thomas, Robert H., Recent Developments in Public Use and Pretext in Eminent Domain (March, 16 2009). Available at SSRN: http://ssrn.com/abstract=1360523

Contact Information

Robert H. Thomas (Contact Author)
affiliation not provided to SSRN ( email )
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