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The Latest Breaking News from Kelo

Supreme Court Refuses to Hear "Passive Park" Public Use Property Rights Case

While I am eager for the Court to take another public use case, I am actually happy the justices chose to reject this one. Its unusual facts made it a poor vehicle for revisiting Kelo v. City of New London.

Learning the Wrong Lessons From the Eminent Domain Legacy at Chavez Ravine

Progressives are trying to fix the errors of the past, but they're ignoring the best solution: More robust property rights.

Interview on the Eminent Domain Podcast

Bobby Debelak, new host of this podcast, interviewed me about a variety of topics related to eminent domain and property rights.

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Second Circuit Rules that a "Passive Park" Qualifies as a Public Use Authorizing Use of Eminent Domain—Even if this Rationale is a Pretext for a Desire to Block Private Owners' Plan to Build a Hardware Store

The case raises an important issue about what qualifies as a "pretextual" taking. It's a rare takings issue on which I don't have a clear position.

Justice Sandra Day O’Connor’s legacy includes two impactful dissents in 2005

Her position in Kelo v. New London was partly vindicated when some states enacted laws aimed at discouraging eminent domain abuse, Jacob Sullum writes.

Chicago Sun-Times

Justice O'Connor's Parting Dissents Highlighted the Twin Perils of Local Tyranny and Federal Overreach

The late Supreme Court justice eloquently defended property rights and state autonomy.

Sandra Day O'Connor, RIP

She was the first woman Supreme Court justice, and played a key role in changing the Court's jurisprudence for the better on several issues.

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Academics Pick their "Most Underappreciated" Articles [Updated]

Econ Journal Watch asked academics with high citation counts to pick their most underappreciated article. I participated in the project, along with a number of prominent scholars from various disciplines.

Justice Scalia's Unpublished Dissent in Kelo v. City of New London

Justice Scalia's Unpublished Dissent in Kelo v. City of New London

Its existence was revealed when Justice John Paul Stevens' papers were made public earlier this week.

What I Hope to Learn from Justice Stevens' Papers on Kelo v. City of New London

What I Hope to Learn from Justice Stevens' Papers on Kelo v. City of New London

The author of one of the Supreme Court's most widely hated rulings left us extensive files on the case, which have just been made public. They could help shed light on key unanswered questions about.

North Carolina Using Eminent Domain To Seize Homes and a Church for Electric Car Factory

North Carolina Using Eminent Domain To Seize Homes and a Church for Electric Car Factory

Under the Kelo v. New London Supreme Court decision, a state can take private land to give to a private developer for almost any reason it wants.

New York's Ultra-Broad Definition of "Blight" Continues to Enable Eminent Domain Abuse

New York's Ultra-Broad Definition of "Blight" Continues to Enable Eminent Domain Abuse

In this case, it enables the state to declare the area around Penn Station in New York City "blighted" and thereby authorize the use of eminent domain to take property for transfer to private interests.

Do the Supreme Court's Low Approval Ratings Show it is Undergoing a "Legitimacy Crisis"?

Do the Supreme Court's Low Approval Ratings Show it is Undergoing a "Legitimacy Crisis"?

The Court's popularity has indeed fallen. But its relatively low approval ratings are neither unprecedented, nor worse than those of the other branches of government.

Reversing Roe v. Wade Wouldn't be the First Time the Supreme Court Gutted Precedents that Protect Individual Rights - Far From it

Reversing Roe v. Wade Wouldn't be the First Time the Supreme Court Gutted Precedents that Protect Individual Rights - Far From it

That fact doesn't necessarily justify overruling Roe. Depending on how it's viewed, the history of such reversals may even counsel against further such moves.

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