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Public use

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

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...

Lingle, Etc.: The U.S. Supreme Court's 2005 Takings Trilogy

Editors' Summary: The U.S. Supreme Court ruled on three takings cases in its 2004 term: Lingle v. Chevron U.S.A., Inc.; Kelo v. City of New London; and San Remo Hotel, Ltd. Partnership v. City & County of San Francisco. In Lingle,...

"Fairness and Justice" Ought to Guide the Courts When Reviewing Legislative Determinations of "Public Use"

On September 28, 2004, the U.S. Supreme Court granted certiorari to review a case that has vast importance for land developers, private property owners, governments, redevelopment agencies, and others who are impacted by governmental...

Of Nominal Value: The Impact of Tahoe-Sierra on Lucas and the Fundamental Right to Use Private Property

In the 1992 case of Lucas v. South Carolina Coastal Council,1 the U.S. Supreme Court held that "when the owner of real property has been called upon to sacrifice all economically beneficial uses in the...

Lucas v. South Carolina Coastal Council: The Takings Test Turns a Corner

Editors' Summary: Lucas v. South Carolina Coastal Council evoked great interest during the U.S. Supreme Court's 1991-92 Term, attracting dozens of amicus briefs and producing speculation about whether the case would be a...

In the Wake of Lucas v. South Carolina Coastal Council: A Critical Look at Six Questions Practitioners Should Be Asking

Editors' Summary: Lucas v. South Carolina Coastal Council evoked great interest during the U.S. Supreme Court's 1991-92 Term, attracting dozens of amicus briefs and producing speculation about whether the case would be a...

Lucas v. South Carolina Coastal Council: Indirection in the Evolution of Takings Law

Editors' Summary: On the last day of its 1992 Spring Term, the U.S. Supreme Court announced its long-awaited decision on land-use regulation in Lucas v. South Carolina Coastal Council, 22 ELR 21104. In Lucas, a 5-4...