Eminent Domain & Economic Developoment

KELO goes on the road!

If you were unable to attend the July 15 seminar in Fort Lauderdale, here's your chance to see this outstanding program presented by John Scott Dailey Florida Institute of Government affiliates throughout the state:

• September 23 - Tampa
• October 7 - Tallahassee
• November 10 - Orlando
• November 18 - Jacksonville
• December 9 - Fort Myers

Don't miss this opportunity to find out
How The Kelo Decision Will Affect Florida …

Download brochure and registration form (pdf)

Meeting Materials

• Overview of the Use of Eminent Domain for Redevelopment and Economic Development by Theodore C. Taub, Esquire (pdf)
• The Community Redevelopment Law in Florida by
  Stanley W. Moore, Esq. (pdf)
  
  Appendix: Suggested Amendments to Chapter 163
• Florida Takings Jurisprudence After Kelo v. New London: Where Do We Go From Here? by Toby Prince Brigham (pdf)
• Sam Goren's CRA Primer, updated for Kelo (MS Word)
• WHAT HAS THE SUPREME COURT DONE TO – OR FOR – LAND USE? An edited version of a paper by Michael M. Berger, for the ALI-ABA conference in August '05.

Articles and Other Public Documents

• Download the Supreme Court Decision (pdf)
  or view the html version
• Article in Planning & Environmental Law, Published by the American Planning Association; September 2005 Special Issue on Kelo v. City of New London COMMENTARY: FRANK SCHNIDMAN ON KELO
• Article in Economist, Aug. 18, 2005 (Leader)
• Article by Tom Pelham appearing in Florida Planning, Aug. 2005
• Kelo Petitions the Supreme Court for a rehearing citing examples of abuse following the June 23 decision
• Oral Argument Transcript (pdf)
• Conn. Statute that New London used to exercise its eminent domain authority
• States Respond to the Kelo Decision (MS Word)
• Daily Business Review Commentary by CUES Senior Fellow Frank Schnidman (pdf, 500kb)
• Blight defined too loosely Substantial portions of Florida would qualify - Article by Frank Schnidman for the Sun-Sentinel
• Article in USA Today, "Property seizures must be in public's good, court warns" (Frank Schnidman quoted in article)
• A New (London) Low A refrigerator box under the bridge: The Kelo Seven prepares for the worst by Jonathan O'Connell - July 14, 2005
• People are mad as hell about the use of eminent domain, by Michael M. Berger, for the Los Angeles Daily Journal (pdf)
• Albany Law School Resources
• From the American Planning Association website, Kelo Supreme Court Decision Emphasizes the Importance of Planning
• St. Pete Times Article: Rush is on to calm homeowners
• Washington Post Article: Congress Working on Property-Seizure Bills
• Opinion from Florida Attorney General Crist (MS Word)
• Crist Offers Ideas for Protecting Property Rights
  Attorney General Charlie Crist today sent the following letter to offering suggestions for enhancing Florida eminent domain law.
  
• Miami Herald CARTOON
• The Politics of Land Grabbing By David Morris, AlterNet
• Planetizen Op-Ed: Is Kelo Good For Urban Planning?
• Find more materials on the Institute for Justice website

QUESTION PRESENTED
04-108 KELO, ET AL. V. NEW LONDON, CT, ET AL.
Decision Below: 843 A.2d 500 (Conn. 2004)

What protection does the Fifth Amendment's public use requirement provide for individuals whose property is being condemned, not to eliminate slums or blight, but for the sole purpose of "economic development" that will perhaps increase tax revenues and improve the local economy?
Cert. Granted 9/28/04

• Amicus Curiae Brief, Authored by CUES Senior Fellow Frank Schnidman. (pdf, 1.6 mb)
• Supreme Court Kelo Docket
• Merit Briefs (on the Supreme Court Website)
• Kelo v. City of New London (pdf, 1 mb)
  This Connecticut Supreme Court case upholds the use of eminent domain for economic development objectives, and the United States Supreme Court will hear the case on appeal in the 2004-2005 term.

Related Documents

• Berman vs. Parker - Supreme Court recognizes the removal of slum & blight as a public purpose under the 5th amendment of the constitution.
• Wayne County v. Hathcock (pdf)
  Michigan Supreme Court ruling against the use of eminent domain for a redevelopment project.