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.
"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.
FULL STORY: Mall Case Shows How Municipalities May Use “Blight” to Evade Post-Kelo Rules
Watch: The Dark Side of Eminent Domain
In cities like Boston, the government’s right to take private property displaced residents and destroyed vulnerable neighborhoods and communities.
Dakota Access Pipeline Owners Win Eminent Domain Appeal in Iowa Supreme Court
The Iowa Supreme Court affirmed a lower court ruling that found that the Iowa Utilities Board was justified in giving the private owners of the Dakota Access Pipeline the use of eminent domain. Climate change was considered in the ruling.
Editorial Opposes Use of Eminent Domain to Give Property to For-Profit Developer
The borough of Emerson, New Jersey is testing the limits of eminent domain.
San Diego to Rescind Multi-Unit ADU Rule
The city wants to close a loophole that allowed developers to build apartment buildings on single-family lots as ADUs.
HUD Announces Plan to Build Housing on Public Lands
The agency will identify federally owned parcels appropriate for housing development and streamline the regulatory process to lease or transfer land to housing authorities and nonprofit developers.
Has President Trump Met His Match?
Doug Ford, the no-nonsense premier of Canada's most populous province, Ontario, is taking on Trump where it hurts — making American energy more expensive.
California Bill Aims to Boost TOD
A bill proposed by Sen. Scott Wiener would exempt transit agencies from zoning rules near ‘high-quality’ transit stops and allow denser transit-oriented development.
Report: One-Fifth of Seattle Households Are Car-Free
According to one local writer, the city’s low rate of car ownership should encourage officials to support public transit and reduce parking minimums.
California Lawmakers Move to Protect Waterways
Anticipating that the Trump EPA will reinstate a 2017 policy that excluded seasonal wetlands and waterways from environmental protections.
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