Private Property, Community Development, and Eminent Domain

PRIVATE PROPERTY, COMMUNITY DEVELOPMENT, AND EMINENT DOMAIN, Robin Paul Malloy ed., Ashgate, 2008

22 Pages Posted: 14 Mar 2009

See all articles by Robin Paul Malloy

Robin Paul Malloy

Syracuse University College of Law

James Charles Smith

University of Georgia School of Law

Date Written: March 13, 2009

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

Suggested Citation

Malloy, Robin Paul and Smith, James Charles, Private Property, Community Development, and Eminent Domain (March 13, 2009). PRIVATE PROPERTY, COMMUNITY DEVELOPMENT, AND EMINENT DOMAIN, Robin Paul Malloy ed., Ashgate, 2008, Available at SSRN: https://ssrn.com/abstract=1359191

Robin Paul Malloy (Contact Author)

Syracuse University College of Law ( email )

Syracuse, NY 13244-1030
United States
315-443-3559 (Phone)
315-443-4141 (Fax)

James Charles Smith

University of Georgia School of Law ( email )

225 Herty Drive
Athens, GA 30602
United States

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