We recently filed an amicus brief urging the Supreme Court to hear Ilagan v. Ungacta, an important property rights case on the Public Use Clause of the Fifth Amendment. I wrote the brief on behalf of the National Federation of Independent Business Small Business Legal Center, twelve other organizations (including the Cato Institute, the Becket […]
Archive | Post-Kelo Reform
Virginia Eminent Domain Reform Question 1 Passes
We don’t yet have the final results. But Virginia news radio station WINA 1070 is projecting that Question 1, the Virginia eminent domain reform referendum question, is going to pass by an “overwhelming” margin. For reasons I outlined here and here, this is an important improvement over the present Virginia constitution, which is one of […]
Some Key Referenda to Watch
By Ilya Somin on November 5, 2012 4:58 pm in Elections, Eminent Domain, Post-Kelo Reform, Property Rights, War on Drugs
In addition to the presidential and congressional elections tomorrow, there are also some important referenda initiatives on the ballot in many states. They include several on issues of special interest to me and many VC readers: property rights and the War on Drugs. Here in Virginia, we have Question 1, which would strengthen protection for […]
Election Predictions
I wouldn’t take this prediction to the bank if I were a betting man. But, like co-blogger David Bernstein, I give Obama a slight edge, perhaps a 60-65 percent chance of victory. In the contest between national polls favoring Romney and battleground state polls favoring Obama, I give slightly greater credence to the latter. My […]
Upcoming Speech on Virginia Eminent Domain Reform – With Virginia Attorney General Ken Cuccinelli
By Ilya Somin on October 23, 2012 10:45 am in Blight, Eminent Domain, Kelo, Post-Kelo Reform, Property Rights
This Thursday at 6:30 PM, I will be speaking on property rights and eminent domain reform in Virginia at the Old Dominion Boat Club in Alexandria. I will be joined by Virginia Attorney General Ken Cuccinelli, or perhaps it is more correct to say that I will be joining the AG. The event is open […]
A Dubious Attack On Virginia Eminent Domain Reform Referendum Question 1
By Ilya Somin on October 20, 2012 12:15 pm in Eminent Domain, Kelo, Post-Kelo Reform, Property Rights
In Friday’s Washington Post, state legislators Scott Surovell and Linda Puller published an op ed attacking Question 1, the eminent domain reform referendum question that Virginians will vote on in November. Unfortunately, their arguments are off-base, and some are seriously misleading. Question 1 would amend Virginia’s Constitution to forbid economic development takings of the kind […]
Thoughts on the Virginia Eminent Domain Reform Referendum Question
By Ilya Somin on October 16, 2012 4:24 pm in Blight, Eminent Domain, Kelo, Post-Kelo Reform, Property Rights
Various people have asked me what I think of Virginia Question 1, the eminent domain reform referendum question that will be on the ballot in November. Question 1 is one of many eminent domain reform referendum questions developed as part of the political backlash against the Supreme Court’s decision in Kelo v. City of New […]
Eminent Domain Abuse in Virginia
By Ilya Somin on May 15, 2012 11:20 am in Blight, Eminent Domain, Kelo, Post-Kelo Reform, Property Rights
Richmond Times-Dispatch columnist A. Barton Hinkle recently published this piece on a case of eminent domain abuse in Virginia: As a general rule, progressives do not get worked up about property rights the way conservatives do. This is a mistake — as a case out of Norfolk shows. To the progressive eye, property is bound […]
Eminent Domain and the Keystone Pipeline Project
By Ilya Somin on May 9, 2012 3:06 pm in Energy, Environment, Kelo, Post-Kelo Reform, Property Rights
The New York Times has an article describing how the TransCanada corporation is using eminent domain to forcibly acquire property to build the Keystone oil pipeline: When the TransCanada men first came, Julia Trigg Crawford said, they were polite. They offered money. Seven thousand dollars to let the Keystone XL pipeline cross her family’s 600-acre […]
My Upcoming Talk at Tulane on Property Rights Since Kelo
This Thursday at 4 PM, I will be speaking on “Property Rights Since Kelo” at Tulane Law School. Thanks to the Tulane Federalist Society for inviting me. Much has happened on both the legislative and judicial fronts in the last few years. Considerable progress has been made in protecting property rights against abusive takings, but […]
University of North Carolina Talk on Property Rights Since Kelo
This Thursday at noon, I will be speaking at the University of North Carolina Law School on “Property Rights Since Kelo.” Much has happened on both the legislative and judicial fronts in the last few years. Considerable progress has been made in protecting property rights against abusive takings, but much work remains to be done […]
Debating the Constitutionality of New York Blight Condemnations
By Ilya Somin on March 12, 2012 9:42 pm in Blight, Eminent Domain, Post-Kelo Reform, Property Rights
The Fordham Urban Law Journal City Square website has posted a debate between NYU Professor Roderick Hills and myself on the the New York Court of Appeals controversial decisions upholding “blight” condemnations in the Atlantic Yards and Columbia University cases. In my 2011 symposium article “Let there Be Blight,” I argued that these takings violated […]
Eminent Domain Reform Bill Passes the House
The Private Property Rights Protection Act of 2012 passed the House yesterday on an overwhelming voice vote. I wrote about the bill in this post. As I explained there, the PRPA is far from a panacea for eminent domain abuse. But it takes a modest step in the right direction by cutting off some types […]
Another Chance at Federal Eminent Domain Reform
In the aftermath of the Supreme Court’s controversial Kelo decision, which allowed the condemnation of private property for economic development, some 44 states have passed eminent domain reform laws. Although many of those laws are likely to be ineffective, overall a good deal of progress has been made at the state level in curbing abusive […]
What if Kelo v. City of New London Had Gone the Other Way?
By Ilya Somin on February 13, 2012 10:45 am in Eminent Domain, Kelo, Post-Kelo Reform, Property Rights
My new article “What if Kelo v. City of New London Had Gone the Other Way?” is now available on SSRN. It is part of an Indiana Law Review symposium on “What if? Counterfactuals in Constitutional History.” Here is the abstract: Kelo v. City of New London is one of the most controversial decisions in […]