Recent Developments in Public Use and Pretext in Eminent Domain
Robert H. Thomas
affiliation not provided to SSRN
March, 16 2009
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, takingsworking papers series
Date posted: March 16, 2009
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