Private Property, Community Development, and Eminent Domain

Abstract

In this paper we discuss the tensions at play on a global scale with respect to private property, community development, and the exercise of the power of eminent domain. Discussion centers on the case of Kelo v. City of New London, 545 U.S. 469 (2005) but addresses the underlying issues in a variety of contexts, and with reference to generalized standards including aspects of the EU's "fair balance" test. The paper touches on matters of significance in real estate transactions, housing, land use planning, and property law more generally.

The paper serves as chapter one in the book, PRIVATE PROPERTY, COMMUNITY DEVELOPMENT, AND EMINENT DOMAIN published in the book series on Law, Property, and Society from Ashgate Publishing. Other chapters to this book are contributed by: Tom Allen (University of Durham, U.K.), D. Benjamin Barros (Widener), Carol Necole Brown (North Carolina), Eric R. Claeys (George Mason), Rachel Godsil (with David Simunovich, Esq., Seton Hall), Marc Poirier (Seton Hall), and Michael Alan Wolf (Florida).

Keywords: Eminent Domain, Takings, Community Development, Housing, Property

JEL Classification: K11