Reviving Necessity in Eminent Domain
Robert C. Bird
University of Connecticut - School of Business
May 22, 2009
Harvard Journal of Law and Public Policy, Vol. 33, 2010
The necessity doctrine states that a condemnor may only take property via eminent domain that is necessary for furthering a proposed public use. With the advent of the Kelo v. City of New London decision and its deferential treatment of public use, necessity remains one of the few existing checks on government discretion in eminent domain. This article proposes a modest revival of the dormant necessity doctrine that preserves government discretion while curbing the reckless exercise of eminent domain.
Number of Pages in PDF File: 28
Keywords: eminent domain, necessity, public use, takings
JEL Classification: H7, H70, K11, O1
Date posted: May 25, 2009 ; Last revised: June 29, 2009
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