My Forthcoming Article on ” Public Use, Exclusionary Zoning, and Democracy”
The twentieth anniversary of Kelo v. City of New London is coming up on June 23. Kelo is the controversial Supreme Court decision which held that privately owned “economic development” was enough to satisfy the Fifth Amendment requirement that the government can only condemn property for a “public use.” The Yale Journal on Regulation has a symposium forthcoming on the anniversary. My contribution, entitled “Public Use, Exclusionary Zoning, and Democracy,” is now available for free download on SSRN. Here is the abstract:
The twentieth anniversary of Kelo v. City of New London is a good opportunity to consider the broader significance of public use for constitutional theory, and to explore parallels between the “public use” issue at stake in that case, and another major issue in constitutional property rights under the Takings Clause: exclusionary zoning. In the twenty years since Kelo, exclusionary zoning and the housing crisis it has caused have emerged as major issues in public policy and legal debate. Kelo famously ruled that the Fifth Amendment requirement that takings must be for a “public use” does not bar the employment of eminent domain to take homes for privately owned “economic development.” The Court endorsed
Article from Reason.com
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