Kelo Redux: Struggling Malls

The eminent domain case of Kelo vs. New London is seeing new relevance in cities across the country, as empty malls are being classified by locals as blight.

1 minute read

August 18, 2010, 6:00 AM PDT

By Nate Berg


"Many saw that decision as an erosion of property rights. And property owners voiced concerns that other cities might try to seize homes or small commercial properties-even healthy ones-to make way for larger commercial projects that could deliver higher tax revenues. In the wake of Kelo, many states, including Colorado, put in laws banning the use of eminent domain for the purpose of economic development.

But blight has always been an exception. That designation gives cities more power to seize private property. In the case of the Westminster Mall, if the Jefferson County District Court agrees with the city's take it would give Westminster the power to take control of the property and move ahead with its redevelopment plans without the current owner's consent."

The Westminster Mall in Westminster, Colorado, is being eyed by the city as a site for a new transit oriented development, and officials are hoping to seize the struggling mall in the name of economic development and blight removal.

Wednesday, August 4, 2010 in Retail Traffic

"Planetizen federal action tracker" logo superimposed over black and white image of US Capitol dome.

Planetizen Federal Action Tracker

A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.

November 11, 2026 - Zachary Whalen

A road in north eastern Nebraska with power lines on either side, and grassy fields.

Eastern Nebraska is running out of electricity

Data centers and electrification are straining eastern Nebraska’s grid, throttling economic development.

November 6, 2026 - Grist

People walking and cycling on a street in Boston.

Study reveals best places in the U.S. for cycling, walking

New research from Streetlight Data examines bicycle and pedestrian miles per capita in the 100 largest U.S. cities by population.

November 8, 2026 - Smart Cities Dive

Two workers in high-vis jackets look at a melted portion of the I-95

Why does it take an emergency for the U.S. to expedite infrastructure projects?

In June 2023, Philadelphia repaired a melted interstate in 12 days thanks to an emergency order.

November 14 - Vox

Mark, an older white man in a blue jacket, smiles in front of a plaque that commemorates his scholarship.

Federal government nominates new FTA administrator

Mark Aesch is currently the founder and CEO of a transportation management consulting firm.

November 13 - Mass Transit

A rendering of people walking through a park to the chicago bears stadium, which is large and dome shaped.

Developers reveal $10 billion stadium plan as ‘Hail Mary’ to keep Bears in Chicago

The plan would also boast a public park, high- and mid-rise buildings and a youth sports complex.

November 13 - Chicago Sun Times

FREE Course: Walkable City 1: Why Walkability?

After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.

Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold

The course focuses on the opportunities and imperatives that shape reinvention of mall sites.