Professor examines the effects of Kelo in eminent domain legislation
In a recent post for the Oxford University Press Blog, James W. Ely Jr. examines how the decision of Kelo vs. The City of New London in 2005 has affected eminent domain law in the United States.
Ely, a Law and History professor who’s authored and edited several books on Supreme Court decisions, starts by saying that the controversial case hasn’t had much effect on the federal level but that most states have taken measures to prevent eminent domain abuse since then.
According to Ely’s post, 43 states have enacted new laws since 2005 that restrict the use of eminent domain to public use only and prohibits its use for private development.
Among the seven states that have not done so are Hawaii, Massachusetts, New Jersey and New York.
Ely does stress, however, that not all enacted laws are actually efficient in its protection of property owners’ rights. He cites Florida’s 2006 amendment among the ones that are successful and the laws passed in Connecticut, Maine and West Virginia as the ones that are not due to evasive language that could easily be used to find loopholes.
Ely’s conclusion is that Kelo’s case has, if anything, has sparked a lot more interest in the discussion of property ownership and property owners’ rights.
To view Ely’s full post, click here.