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Month: February 2008

February 20, 2008

California Cities Want More Eminent Domain Power

by Timothy Sandefur The Sacramento Bee's Dan Walters explains how California's legislators are already trying to repeal what few eminent domain reforms were passed recently, and make it easier for the government to take away your home or business and give it to wealthy private developers. Legislative language being circulated in the Capitol ...

February 15, 2008

A bit on necessity

While the question of public use gets most of the ink, there's another showing that governments must make before they take private property.  State actors seeking to use their eminent domain power must prove that the target property is "necessary" to effect the stated public use.  Otherwise, of course, the government could ...

February 12, 2008

Eminent Domain Victory in New Jersey

The Entrepreneurial Mind points to an excellent eminent domain success in New Jersey. Congratulations to our friends at the National Federation of Independent Business Legal Foundation. ...

February 12, 2008

Richard Epstein to Speak at Cato about New Property Rights Book

Prof. Richard Epstein will speak at the Cato Institute on March 6th at 12 Eastern, about his new book Supreme Neglect: How to Revive Constitutional Protection for Private Property. You can watch the even live online here. ...

February 10, 2008

California Eminent Domain Reform is Now Prop. 98

by Timothy Sandefur The California eminent domain reform initiative, which would give strong protections to California's home and business owners against the violation of their property rights, has been given a number and is now Proposition 98. You can read more about it at this site. A group of government bureaucrats, however, who oppose emine ...

February 01, 2008

Second Circuit Upholds Condemnation for Sports Stadium

by Timothy Sandefur In what I believe is only the second federal appeals court decision to apply the Kelo case, the Second Circuit has upheld the condemnation of private property in the Atlantic Yards case in New York. This is not very surprising—it's very hard to distinguish this case from Kelo, and after that decision, ...