The California Supreme Court recently issued a ruling upholding the constitutionality of a law abolishing the state’s numerous redevelopment agencies: The California Supreme Court ruled Thursday against redevelopment agencies, including San Diego’s, and said they cannot remain in business by paying the state a portion of their property tax receipts…. The court was dealing with […]
Archive | Post-Kelo Reform
The Political Battle Over Eminent Domain Reform in Virginia
By Ilya Somin on November 26, 2011 10:50 am in Eminent Domain, Political Ignorance, Post-Kelo Reform, Property Rights
Virginia was one of several states that enacted a strong eminent domain reform law after the Supreme Court ruled in Kelo v. City of New London that it was permissible for government to take private property and transfer it to other private individuals in order to promote economic development. Supporters of the Virginia law are […]
Justice Stevens on Kelo
By Ilya Somin on November 16, 2011 3:59 pm in Eminent Domain, Kelo, Post-Kelo Reform, Property Rights
In a recent Wall Street Journal interview, retired Justice John Paul Stevens defended his controversial majority opinion in Kelo v. City of New London, which ruled that it was permissible for government to condemn private property for transfer to private parties in order to promote “economic development.” The Court ruled that this was a permissible […]
My Op Ed on the Passage of Mississippi Measure 31
By Ilya Somin on November 9, 2011 3:39 pm in Blight, Eminent Domain, Post-Kelo Reform, Property Rights
Today, I published an op ed in the Daily Caller on the passage of Mississippi referendum Measure 31, an important eminent domain reform law. Here is an excerpt: The Supreme Court’s 2005 decision in Kelo v. City of New London generated a record political backlash. Kelo upheld the condemnation of private property for transfer to […]
Mississippi Measure 31 Passes
Mississippi Measure 31 – the important eminent domain reform initiative – has passed, probably by an overwhelming margin. Although the returns are not yet completely in, the “yes” side has 74% of the vote with almost 65% of precincts reporting. I outlined the case for Measure 31 here. The overwhelming support for the measure is […]
Vote Yes on Mississippi Measure 31
By Ilya Somin on November 7, 2011 7:37 pm in Blight, Eminent Domain, Post-Kelo Reform, Property Rights
Tomorrow, Mississippi voters will decide the fate of Measure 31, an important eminent domain reform proposal. Mississippi is one of only seven states that has not enacted any eminent domain reforms at all since the Supreme Court’s decision controversial decision upholding “economic development” takings in Kelo v. City of New London. Measure 31 would effectively […]
Speech at University of Mississippi School of Law on Eminent Domain Referendum Initiative Measure 31
By Ilya Somin on October 6, 2011 3:07 pm in Blight, Eminent Domain, Post-Kelo Reform, Property Rights
On Monday, October 10, I will be speaking at the University of Mississippi School of Law on a Mississippi eminent domain reform referendum initiative, Measure 31 (which is on the ballot this November). The talk is sponsored by the University of Mississippi Federalist Society, and will begun at 12:30 PM in Room 2094. Mississippi is […]
My US Commission on Civil Rights Testimony on the Impact of Eminent Domain Abuse on Minority Groups
By Ilya Somin on September 22, 2011 11:14 pm in Blight, Eminent Domain, Kelo, Post-Kelo Reform, Property Rights, Racism
On August 12, I testified at a US Commission on Civil Rights hearing on the “Civil Rights Implications of Eminent Domain Abuse.” The video of the oral testimony is available here. I have now made my more detailed written testimony available online here. Here is the Introduction, which includes a summary of the rest [footnotes […]
Connecticut Supreme Court Justice Apologizes to Susette Kelo for his Vote to Uphold the Condemnation of Her Home – But then Lets Himself off the Hook Too Easily
By Ilya Somin on September 19, 2011 8:34 pm in Eminent Domain, Kelo, Post-Kelo Reform, Property Rights
In the Hartford Courant, journalist Jeff Benedict, author of a major account of the Kelo case, reports on an interesting encounter last year, where Connecticut Supreme Court Justice Richard Palmer apologized to Susette Kelo for voting to uphold the the taking of her home for “economic development” [HT: Cory Andrews]: If a state Supreme Court […]
US Commission on Civil Rights Hearing on the Impact of Eminent Domain on Minority Groups
By Ilya Somin on August 12, 2011 12:17 pm in Blight, Eminent Domain, Kelo, Post-Kelo Reform, Property Rights
Earlier today, I testified before the US Commission on Civil Rights at a hearing on the “Civil Rights Implications of Eminent Domain Abuse.” The other panelists were Georgetown law professor Peter Byrne, Hilary Shelton of the NAACP, and David Beito, a prominent historian and chair of the Alabama State Advisory Committee to the USSCR. A […]
The Judicial Reaction to Kelo
By Ilya Somin on May 31, 2011 5:43 pm in Blight, Eminent Domain, Kelo, Post-Kelo Reform, Property Rights
My article “The Judicial Reaction to Kelo” is now available on SSRN. It is the Introduction to the Albany Government Law Review Symposium on Eminent Domain in the United States, which includes contributions by several well-known eminent domain scholars including my colleague Steve Eagle, Amy Lavine, and David Schultz, among others. Here is the abstract: […]
Allentown, PA Plans to Use Eminent Domain to Take Property for a Hockey Arena
By Ilya Somin on May 19, 2011 11:29 pm in Eminent Domain, Post-Kelo Reform, Property Rights, Sports and Games
The city of Allentown, Pennsylvania plans to use eminent domain, or at least the threat of it, to forcibly acquire downtown property for the construction of a minor league hockey arena [HT: my father-in-law Bruce Schmauch, a longtime Allentown resident]: It was drop-the-gloves time in Allentown City Council chambers Wednesday night. A parade of downtown […]
A Victory for Property Rights in California “Blight” Case
By Ilya Somin on April 29, 2011 3:10 am in Blight, Eminent Domain, Post-Kelo Reform, Property Rights
The Institute for Justice has won a victory in an important property rights case in National City California. The trial judge set aside the city’s “blight” designation of a massive area including almost 700 properties. Had the designation survived, it would have enabled the city to condemn any of these properties at will. Here is […]
Upcoming Talks in Madison, Wisconsin on the Individual Mandate and Property Rights
By Ilya Somin on January 24, 2011 10:06 pm in Blight, Eminent Domain, Federalism, Federalist Society, Health Care, Individual Mandate, Kelo, Post-Kelo Reform, Property Rights
This Wednesday, I will be giving two talks in Madison, Wisconsin. One, sponsored by the Federalist Society Lawyers Division, will be at a panel on the Obamacare individual mandate litigation. The other two panelists are Wisconsin Attorney General J.B. Van Hollen (Wisconsin recently became one of the 28 states challenging the mandate in court) and […]
Somin Family Featured in December 2010 Issue of Engage
By Ilya Somin on December 30, 2010 10:45 pm in Eminent Domain, Kelo, Post-Kelo Reform, Property Rights, Sports and Games
The December 2010 issue of Engage features not one but two items written by members of the Somin family: a debate on Kelo v. City of New London and eminent domain reform between University of Chicago Law Professor (and former Dean) Saul Levmore and myself; and an article on Title IX and women’s sports written […]