Wednesday, February 23, 2005

 

Eminent Domain Explained By Professor Bainbridge and Kelo vs. City of New London

Professor Bainbridge has been following the Kelo v. City of New London case with two excellent posts here and here. This case deals with what appears to be a most egregious use of the Eminent Domain laws. The city of New London wants to condemn and take away the houses of many people so they can turn around and sell the land to a developer. From what I can tell, the developer is unnamed and possibly unknown - the city's point is that the land would generate more tax money if it were to be sold and then developed in such a way (ie a mall) that it brought in more tax revenue. The Eminent Domain statutes are slippery slope-ish enough, but the City of New London seems to start out at the bottom of this slope. As usual the Professor does and excellent job of explaining the legal problems here.



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