Eminent Domain Post-Kelo: Hitting Home - The Supreme Court Earns Public Notice Opining on Public Use (Introduction to the 2006 Templeton Lecture)

Abstract

In this introduction to the 2006 Templeton Lecture, Professor Kmiec discusses the Supreme Court’s decision in Kelo v. New London. He reviews the factual underpinnings of the case and analyzes the Court’s opinion and dissents.He also looks at the public use limitation on the Takings Clause and discusses the future of eminent domain. In response to Kelo, Congress and many states have introduced legislation seeking to bolster the protection of private property. Moreover, condemnation abuses since Kelo may require the Roberts court to revisit the matter.

Keywords: Kelo v. New London, eminent domain, Takings Clause, property law, condemnation

JEL Classification: K11, K19, K39