Experts Warn Eminent Domain Limits Could Block Redevelopment
Restrictions on eminent domain in the wake of the public furor over Kelo may restrict abilities of cities to practice redevelopment.
"The U.S. Supreme Court earlier this year upheld the right of local governments to seize private property to spur economic development. Since then, Congress and at least 38 states have moved to defend property rights. Some experts warn the flurry of new legislation could block necessary development projects." This story examines waterfront redevelopment issues in Portland, Maine in the wake of Kelo v. New London."
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overstating?
Almost all of the state level restictions that are being discussed involve limiting the ability for municipalities to use pure economic development as a sole justification for eminent domain. If an area truly needs redevelopment, it shouldn't be too hard to at least get a finding of blight.
In reality, these restirctions won't limit all but the most severely marginal cases of eminent domain one bit.