February 1, 2008

Second Circuit Upholds Condemnation for Sports Stadium

By 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, federal courts are almost nonresponsive when it comes to public use.

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