The Mighty Myths of Kelo

Government, Law and Policy Journal, Vol. 9, p. 10, 2007

5 Pages Posted: 24 Feb 2009  

John R. Nolon

Pace University School of Law

Date Written: 2007

Abstract

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.

Suggested Citation

Nolon, John R., The Mighty Myths of Kelo (2007). Government, Law and Policy Journal, Vol. 9, p. 10, 2007. Available at SSRN: https://ssrn.com/abstract=1345389

John R. Nolon (Contact Author)

Pace University School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States

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