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, … ...
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 ...
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. … ...
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. … ...
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 ...
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 ...