A Warning to States — Accepting this Invitation May Be Hazardous to Your Health (Safety, and Public Welfare): An Analysis of Post-Kelo Legislative Activity
44 Pages Posted: 28 Mar 2016
Date Written: 2007
Focusing on Delaware, this article will argue that the United States Supreme Court's decision in Kelo v. New London gave state legislatures an open invitation to shape their public use frameworks, but their responses must be measured and well-reasoned because the consequences of reactionary legislation may put a stranglehold on state and local governments trying to exercise eminent domain for unanimously accepted public uses. Part I will trace the most pertinent federal jurisprudence through Kelo. Part II will survey Delaware’s public use jurisprudence. Part III will introduce the Delaware General Assembly’s legislative response to Kelo. Part IV will serve as a warning to the states generally that many seemingly innocuous clauses in their responsive legislation could have substantial consequences if not carefully considered.
Keywords: Land Use, Eminent Domain, Kelo, Takings, Public Use, Property, Fifth Amendment
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