The 2005 U.S. Supreme Court decision in Kelo v. City of New London was a landmark case where the Court found that economic revitalization was a sufficient “public purpose” to justify the taking of a single family home under local eminent domain statutes. The decision set off a firestorm of criticism leading to enacted or pending legislation in two-thirds of the states to establish a more strict public purpose test to avoid results such as that in Kelo.
“CURRENT CRITICAL ISSUES IN REAL ESTATE LAW: Public Use and Public Purpose After Kelo v. City of New London” provides eminent domain practitioners with an in-depth analysis of the issues and keeps you up-to-date with all the recent developments. Written by an expert in the field, Professor David L. Callies, it provides an analysis of the law both before and after Kelo and discusses the statutory and constitutional provisions enacted to limit eminent domain power in the wake of Kelo, including coverage of recent ballot measures in several states. Significant recent court decisions that both follow Kelo and are contra to Kelo are also included. Detailed appendices provide lists of relevant cases by jurisdiction or rule or proposition of law as well as a list of applicable secondary sources.
The initial release of this special pamphlet was included with the first 2008 releases of Publication No. 243, Condemnation Procedures and Techniques–Forms, and Publication No. 460, Nichols on Eminent Domain®.
I. Introduction: Public Use After Kelo v. City of New London
A. The State of Federal Law on Public Use Before Kelo: Berman v. Parker and HHA v. Midkiff
B. Kelo v. City of New London: Midkiff, Berman, and a Requiem for Public Use
II. Statutory and Constitutional Provisions Enacted to Limit Eminent Domain Power in the Wake of Kelo — The States Rebel: Public Purpose Redux
A. Legislative Action
B. Ballot Measures
- 1. Arizona
- 2. Florida
- 3. Georgia
- 4. Louisiana
- 5. Michigan
- 6. Nevada
- 7. New Hampshire
- 8. North Dakota
- 9. Oregon
- 10. South Carolina
- 11. California and Idaho
C. Federal Legislation
1. HR 3058
2. HR 4128
3. Private Property Rights Protection Act of 2007
III. The Courts After Kelo
A. Significant Recent Court Decisions
- 1. Contra Kelo
- 2. Following Kelo
- 3. Pretextual Public Use
B. Digest of All Relevant Cases
IV. Conclusion: A Requiem for Public Use
Appendix A. Cases By Jurisdiction
Appendix B. Cases By Rule or Proposition of Law
Appendix C. Secondary Sources
Callies, David L.
David L. Callies is Benjamin A. Kudo professor of law at the University of Hawaii¿s William S. Richardson School of Law where he teaches land use, state and local government and real property. Prior to coming to Hawaii he practiced local government and land use law with the firm of Ross & Hardies of Chicago during which time he also taught as an adjunct professor at the University of Wisconsin-Milwaukee¿s School of Architecture and Urban Planning and served as an Assistant State¿s Attorney. He is a graduate of DePauw University, the University of Michigan Law School (J.D.) and the University of Nottingham (LL.M.), and a past foreign fellow and present life member of Clare Hall, Cambridge University.
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