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Wednesday, April 03, 2013

Law - "Alabama Undermines its Post-Kelo Eminent Domain Reform Law"

Indiana had what may have been its first test of its "post-Kelo" statute with the ruling issued by a trial court Wednesday in a dispute over a Ball State taking of property through eminent domain.

A post today
by Ilya Somin of The Volokh Conspiracy may provide some context. It begins:

In the aftermath of the Supreme Court’s controversial 2005 decision in Kelo v. City of New London, which ruled that state and local governments could condemn property for transfer to private parties for “economic development,” 44 states passed eminent domain reform laws intended to curtail abusive condemnations. Many of the new laws only pretended to curb the use of eminent domain without actually doing so. But Alabama was one of the exceptions, passing one of the nation’s better post-Kelo reforms. Unfortunately, as John Ross of Reason explains, the Alabama state legislature has now largely reversed its post-Kelo reform law ...

Posted by Marcia Oddi on April 3, 2013 01:55 PM
Posted to General Law Related