Recent Developments in Public Use and Pretext in Eminent Domain

Posted: 16 Mar 2009

See all articles by Robert H. Thomas

Robert H. Thomas

Damon Key Leong Kupchak Hastert, LLP

Date Written: March, 16 2009

Abstract

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, takings

Suggested Citation

Thomas, Robert H., Recent Developments in Public Use and Pretext in Eminent Domain (March, 16 2009). Available at SSRN: https://ssrn.com/abstract=1360523

Robert H. Thomas (Contact Author)

Damon Key Leong Kupchak Hastert, LLP ( email )

1003 Bishop Street
Honolulu, 96813
United States

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