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Eminent Domain Legislation Post-<i>Kelo</i>: A State of the States

November 2006

Citation: ELR 10864

Author: Patricia E. Salkin

Editors' Summary: In Kelo v. City of New London, the U.S. Supreme Court ruled that the use of eminent domain for economic development is a permissible "public use" under the Takings Clause of the Fifth Amendment. The decision proved controversial, as many feared that it would benefit large corporations at the expense of individual homeowners and local communities. Shortly thereafter, numerous states introduced legislation limiting the use of eminent domain. Below, Prof. Patricia Salkin surveys those state initiatives that have been signed into law following the Court's decision in Kelo.

Patricia Salkin is Associate Dean and Director of the Government Law Center of Albany Law School. The author is grateful to Siena College Legal Fellows Melissa Frisbee and Amanda Kuryluk for their research assistance, as well as to Hamilton College student Jack Prior and Binghamton University student Rachel Ainspan for their assistance.

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