Wednesday, July 20, 2005

States Address Eminent Domain Issues

Several States have decided to address widespread concerns arising from the Supreme Court's recent decision in Kelo vs. City of New London by considering and, in some cases, passing measures designed to protect the rights of property owners.

The Supreme Court's decision in the above case permitted a municipality to determine that the public benefits from transferring private property from its original owners to another warranted the imposition of the doctrine of eminent domain. In essence, the municipality was given the right to force the sale of property from one private owner to another based on considerations of public use.

Critics of the decision have claimed that the decision unfairly widens the ability of public entities to take the private property of ordinary citizens.

According to a recent report, various States have responded by legislative and constitutional means.

See:

Link.

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