Due Process Revival? Post-Kelo Considerations Regarding Property Rights


In Kelo v. City of New London, the U.S. Supreme Court ignited

a flame of public outcry over the question of what constitutes a “public use” to justify the exercise of eminent domain. In the five years since Kelo was decided, there has been a renewed focus on the limitations of eminent domain set forth in the Constitution of the United States, state constitutions, and state and federal statutes. This article examines several recent state cases, which show that courts are now examining the boundaries of the due process rights implicated in the use of eminent domain powers by government agencies.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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