Kelo v. City of New London

States Trying to Blunt Property Ruling

Alarmed by the prospect of local governments seizing homes and turning the property over to developers, lawmakers in at least half the states are rushing to blunt last month's U.S. Supreme Court ruling expanding the power of eminent domain. In Texas and California, legislators have proposed constitutional amendments to bar government from taking private property for economic development. Politicians in Alabama, South Dakota and Virginia likewise hope to curtail government's ability to condemn land. Even in states like Illinois — one of at least eight that already forbid eminent domain for economic development unless the purpose is to eliminate blight — lawmakers are proposing to make it even tougher to use the procedure. Arkansas, Florida, Illinois, Kentucky, Maine, Montana, South Carolina and Washington already forbid the taking of private property for economic development except to eliminate blight. Other states either expressly allow private property to be taken for private economic purposes or have not spoken clearly on the question....

Alabama joins national backlash to court's eminent domain ruling

Alabama will join a growing statehouse backlash over the U.S. Supreme Court's eminent domain decision when the Legislature convenes in special session Tuesday. In addition to offering a state General Fund budget, Gov. Bob Riley's office announced Monday that he is preparing a bill that would prohibit city and county governments from using eminent domain to take property for commercial, retail, office or residential development. The bill would still allow property to be taken for traditional eminent domain projects, such as public roads and schools. Some examples of what's happening elsewhere: •In Delaware, the House and Senate voted unanimously June 30 to impose restrictions on eminent domain. •In Texas, the House and Senate have passed differing versions of legislation to restrict eminent domain and are trying to agree on a bill. •In Georgia, Gov. Sonny Perdue has called it a "kitchen table issue," and he has joined top legislative leaders in promising to take action in the next session of the Legislature. •In Missouri, Gov. Matt Blunt created a task force to make recommendations for the next session of the Legislature. Two states — Utah and Nevada — passed bills earlier in the year while the Supreme Court case was pending. Passing such legislation is not always easy. Larry Morandi, a land use expert at the National Conference of State Legislatures, said Minnesota had eminent domain bills introduced in its Legislature after the Supreme Court's ruling, and none passed....

Lawyers Petition Court to Rehear Kelo Case

The Institute for Justice, which represents the plaintiffs in the recently decided Kelo v. City of New London eminent domain case, filed a petition on behalf of the area’s property holders asking the US Supreme Court to reconsider its 5-4 ruling. Similar actions have been taken by the court only a handful of times over the past 25 years. "We will be the first to admit that our chances of success with this motion are extremely small, but if there is any case that deserves to reheard by the Supreme Court, it is the Kelo case," says Scott Bullock, senior attorney at the Washington, DC-based legal group. "Rarely does a Supreme Court decision generate such uniform and nearly universal outrage," adds Chip Mellor, president of the institute. According to the petition, other eminent domain cases are occurring all across the country. In its petition, the institute says that because property owners have to pay their own litigation costs they are at a disadvantage. A second basis asks the court to vacate the judgment of the Connecticut Supreme Court to allow for a re-examination of the facts in light of the new standards set by its decision....

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