In a recent post on Kaur v. Urban Development Corporation, the Columbia eminent domain case currently before New York’s state supreme court, NYU lawprof Rick Hills argues that the debate over eminent domain is largely meaningless. Kaur, like the Atlantic Yards case before it, addresses a key issue in takings law: whether the condemnation of […]
Archive | Kelo
New York High Court Oral Argument in Columbia Eminent Domain Case
By Ilya Somin on June 2, 2010 2:46 pm in Blight, Eminent Domain, Kelo, Post-Kelo Reform, Property Rights
The New York Court of Appeals (which, despite the misleading name, is New York’s state supreme court), held oral arguments yesterday in Kaur v. New York Urban Development Corporation, the case in which New York City is trying to condemn a large amount of property in the Manhattanville neighborhood in order to transfer it to […]
James Ely on Stevens, Kagan, Obama, and Property Rights
By Ilya Somin on May 16, 2010 8:25 pm in Eminent Domain, Judicial Nominations, Kagan Nomination, Kelo, Post-Kelo Reform, Property Rights, Supreme Court
Vanderbilt lawprof James Ely – a leading expert on constitutional property rights – has an interesting column on the relevance of property rights to the current Supreme Court nomination: In seeking a replacement for retiring Supreme Court Justice John Paul Stevens, President Obama indicated that he wanted to name someone in the Stevens mold. Among […]
Last Atlantic Yards Property Owner Agrees to Sell His Land Under Threat of Condemnation
The last property owner in the condemned Atlantic Yards area of Brooklyn, New York has agreed to sell his land in order to avoid the condemnation of his property by the city government [HT: Josh Blackman]: The last man standing in front of the Atlantic Yards bulldozer has stepped aside. Daniel Goldstein — founder of […]
Nicole Gelinas on Blight Condemnations in New York
By Ilya Somin on February 25, 2010 7:55 pm in Blight, Eminent Domain, Kelo, Post-Kelo Reform, Property Rights
Nicole Gelinas has an interesting article on the expansive use of “blight condemnations” in New York. As she points out, New York courts have defined blight so broadly that virtually any area can be designated as such, and then condemned. This has created massive opportunities for abuse by politically connected interest groups who can use […]
New London May Build Townhouses on Site of Kelo Takings
For years, the site of the property condemned in the controversial Kelo v. City of New London case has stood empty. Now however, there are recent reports that the city of New London has found a developer interested in building townhouses on the site (see here and here) [HT: my RA Eva Choi, and Michael […]
Podcast of my Debate on Kelo and Post-Kelo Eminent Domain Reform with Saul Levmore
By Ilya Somin on February 6, 2010 7:57 pm in Eminent Domain, Kelo, Post-Kelo Reform, Property Rights
In response to popular demand, The University of Chicago Federalist Society has posted a podcast of my recent debate on Kelo and post-Kelo eminent domain reform with former U of Chicago Law School Dean Saul Levmore. Current UC Dean Michael Schill moderated. The podcast is available here. A good time was had by all, and […]
Debate on Kelo and Post-Kelo Eminent Domain Reform at the University of Chicago Law School
By Ilya Somin on February 1, 2010 9:58 pm in Eminent Domain, Kelo, Post-Kelo Reform, Property Rights
This Thursday from 12:15 to 1:30, I will be debating former University of Chicago Law School Dean Saul Levmore on Kelo v. New London and post-Kelo eminent domain reform – the biggest political backlash generated by any Supreme Court decision in many decades. Current UC Dean Michael Schill will moderate. I am in the process […]
Avatar and Property Rights in China
By Ilya Somin on January 14, 2010 2:13 am in Eminent Domain, Kelo, Property Rights, Science Fiction/Fantasy
Most commentators have interpreted the movie Avatar as having an anti-capitalist message. Libertarian economist David Henderson, however, claims that it is actually a defense of property rights. Though I must reserve judgement until I see the movie, I am skeptical that Henderson’s interpretation is either the message intended by the producers or the one most […]
George Will on “Blight” Condemnations in New York
By Ilya Somin on January 4, 2010 8:56 pm in Blight, Eminent Domain, Kelo, Post-Kelo Reform, Property Rights
George Will has written a Washington Post column on the abuse of “blight” condemnations in New York: On Aug. 27, 1776, British forces routed George Washington’s novice army in the Battle of Brooklyn, which was fought in fields and woods where today the battle of Prospect Heights is being fought. Americans’ liberty is again under […]
New York Court of Appeals Upholds Atlantic Yards Condemnations
By Ilya Somin on November 24, 2009 4:14 pm in Blight, Eminent Domain, Kelo, Post-Kelo Reform, Property Rights
The New York Court of Appeals has issued its opinion in Goldstein v. New York State Urban Development Corporation, an important property rights case. The 6-1 decision upholds the condemnation of numerous properties in Atlantic Yards project area in Brooklyn for the purpose of transferring them to powerful developer Bruce Ratner, who plans to use […]
Jeff Benedict on Pfizer’s Withdrawal from New London, and the Kelo Takings
Journalist Jeff Benedict is the author of an excellent book on the Kelo condemnations, that I reviewed here. In this Hartford Courant op ed, he discusses the Pfizer Corporation’s recent decision to close down its headquarters in the New London, Connecticut neighborhood where it had previously played a key role in instigating the notorious condemnations […]
NY Times Blog Discussion on the Implications of Pfizer’s Decision to Abandon its New London Facility Near the Site of the Kelo Takings
By Ilya Somin on November 13, 2009 12:30 pm in Eminent Domain, Kelo, Post-Kelo Reform, Property Rights
The New York Times Room for Debate blog has a forum on the implications of Pfizer’s decision to abandon its New London headquarters. Pfizer and its New London facility had previously played a key role in instigating the condemnations that led to the Supreme Court’s decision to uphold the use of eminent domain for “economic […]
More on the Implications of Pfizer’s Decision to Close Down its New London Headquarters
Over at the Land Use Prof Blog, property scholar Matt Festa has a good discussion of the implications of Pfizer’s decision to close down its New London headquarters for the ongoing debate over the use of eminent domain to promote economic development. As I explained in this post, the construction of this Pfizer facility was […]
Texas’ Amendment 11: Another Post-Kelo Eminent Domain Reform that Falls Short
By Ilya Somin on November 10, 2009 9:18 pm in Eminent Domain, Kelo, Post-Kelo Reform, Property Rights
It hasn’t gotten much media attention, but last week, Texas voters overwhelmingly approved Amendment 11, an eminent domain reform measure that purports to ban “economic development” takings of the kind the Supreme Court upheld in Kelo v. City of New London. Texas badly needs stronger protection for property rights, since it has a long history […]