28 Pages Posted: 25 May 2009 Last revised: 29 Jun 2009
Date Written: May 22, 2009
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.
Keywords: eminent domain, necessity, public use, takings
JEL Classification: H7, H70, K11, O1
Suggested Citation: Suggested Citation
Bird, Robert C., Reviving Necessity in Eminent Domain (May 22, 2009). Harvard Journal of Law and Public Policy, Vol. 33, 2010. Available at SSRN: https://ssrn.com/abstract=1409383 or http://dx.doi.org/10.2139/ssrn.1409383