Testimony Before Pennsylvania House of Representatives State Government Committee Re: Eminent Domain

Abstract

This testimony was given to the Pennsylvania House of Representatives State Government Committee at a public hearing held to consider a proposed legislative response to the Supreme Court's decision in Kelo v. New London. The testimony suggests that legislators consider giving homes more protection than other types of property in the eminent domain context. It also suggests a number of steps the legislature could take to protect private property from eminent domain abuse while maintaining local governments' ability to use eminent domain to further legitimate public interests. Similar suggestions were made in a more academic context in my article "Home as a Legal Concept," also available on SSRN (http://ssrn.com/abstract=801245).

Keywords: Kelo, eminent domain, home, takings, just compensation

JEL Classification: K10, K11