Final week, on June 23, was the twentieth anniversary of Kelo v. Metropolis of New London, maybe probably the most controversial property rights choices within the historical past of the Supreme Courtroom. Though the Fifth Modification solely permits the taking of personal property for “public use,” the Courtroom dominated that the switch of condemned land to personal events for “financial improvement” is permitted by the Structure.
The Federalist Society organized a webinar on the event. The individuals have been Peter Byrne (Georgetown), Wesley Horton (counsel for New London within the case), Timothy Sandefur (Goldwater Institute), and myself. My George Mason College colleague Prof. Eric Claeys – a number one property regulation scholar – moderated. Peter Byrne and Wesley Horton are usually sympathetic to the end result the Courtroom reached, whereas Tim Sandefur and I are against it. Under is the video of the occasion:
Final week, I additionally an article on the Brennan Middle State Courtroom Report web site asssessing the huge state response to Kelo, which noticed 45 states enact eminent area reform legal guidelines, and a number of other state supreme courts repudiate Kelo as a information to the interpretation of their state constitutions’ public use clauses.
I even have a brand new article entitled “Public Use, Exclusionary Zoning, and Democracy,” accessible free of charge obtain on SSRN. It’s a part of a forthcoming Yale Journal on Regulation symposium on the twentieth anniversary of the case.
The article builds partially on my e-book about Kelo and its aftermath, The Greedy Hand, and in addition on my latest article “The Constitutional Case Towards Exclusionary Zoning,” 103 Texas Regulation Evaluate 1 (2024) (with Joshua Braver). It has already secured a much-coveted “extremely really useful” ranking on Prof. Larry Solum’s Authorized Principle Weblog.
Final week, on June 23, was the twentieth anniversary of Kelo v. Metropolis of New London, maybe probably the most controversial property rights choices within the historical past of the Supreme Courtroom. Though the Fifth Modification solely permits the taking of personal property for “public use,” the Courtroom dominated that the switch of condemned land to personal events for “financial improvement” is permitted by the Structure.
The Federalist Society organized a webinar on the event. The individuals have been Peter Byrne (Georgetown), Wesley Horton (counsel for New London within the case), Timothy Sandefur (Goldwater Institute), and myself. My George Mason College colleague Prof. Eric Claeys – a number one property regulation scholar – moderated. Peter Byrne and Wesley Horton are usually sympathetic to the end result the Courtroom reached, whereas Tim Sandefur and I are against it. Under is the video of the occasion:
Final week, I additionally an article on the Brennan Middle State Courtroom Report web site asssessing the huge state response to Kelo, which noticed 45 states enact eminent area reform legal guidelines, and a number of other state supreme courts repudiate Kelo as a information to the interpretation of their state constitutions’ public use clauses.
I even have a brand new article entitled “Public Use, Exclusionary Zoning, and Democracy,” accessible free of charge obtain on SSRN. It’s a part of a forthcoming Yale Journal on Regulation symposium on the twentieth anniversary of the case.
The article builds partially on my e-book about Kelo and its aftermath, The Greedy Hand, and in addition on my latest article “The Constitutional Case Towards Exclusionary Zoning,” 103 Texas Regulation Evaluate 1 (2024) (with Joshua Braver). It has already secured a much-coveted “extremely really useful” ranking on Prof. Larry Solum’s Authorized Principle Weblog.
