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About the Book
This book is a comprehensive analysis of the U.S. Supreme Court decision in Kelo v. City of New London. It addresses the controversial and important question of when eminent domain may constitutionally be used to take property for projects that are not publicly owned and operated facilities, such as schools and town halls. The volume captures and conveys the context within which this debate is taking place as well as offers guidance concerning the Kelo decision itself and how it may be used.
Leading academics and practitioners in the area of eminent domain discuss the history and origins of the public use clause. They debate its proper interpretation and scope. The advocates who argued on both sides of Kelo offer their analysis of the opinion and their thoughts on the future. Advocates who represent the government and those who represent property owners offer their divergent perspectives on Kelo and what it will mean to the future of eminent domain use in this country.
The CD-ROM that accompanies the book contains over 1,500+ pages, including the Connecticut Supreme Court decision; the parties' briefs; the amicus briefs for the parties and for the respondents; site maps and photographs not available elsewhere; as well as a downloadable MP3 file of Kojo Nnamdi's interview with Dana Berliner; and other materials to help you understand the decision, its context, and its implications.
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Kelo v. City of New London: A Tale of Pragmatism Betrayed This downloadable PDF is a chapter from Eminent Domain Use and Abuse: Kelo in Context. It takes you through the four opinions comprising the 5-4 decision -- particularly Justice O'Connor's dissent, which the author describes as "spurred by the good intentions of her earlier pragmatism now betrayed." The majority opinion is analyzed, an alternative approach is presented, and the future course of eminent domain jurisprudence is outlined.
What Others Have Said
"In the field of takings law, the two of us have rarely agreed about anything. However, we certainly agree that Kelo is an important decision whose impacts are yet to be fully seen. This book provides an excellent starting point for those who wish to deepen their knowledge of the fi eld before leaping to conclusions about where we ought to go from here." Michael M. Berger, Partner Manatt, Phelps & Phillips LLP
John D. Echeverria, Executive Director, Environmental Law & Policy Institute Georgetown University Law Center
"This exhaustive analysis of the U. S. Supreme Court decision in Kelo v. New London is a "must have" for every local government lawyer that provides legal advice on eminent domain issues or handles eminent domain litigation. Reaction to last term's Kelo case has been enormous, swift, and seismic from the halls of the U.S. Congress to virtually every state legislative body in the nation. This book amasses an impressive amount of material containing everything the local government attorney needs in order to consider and analyze the implications this lightning rod decision has prompted-including a lively postdecision interview with the two lawyers who argued the case, the briefs of the parties and amicus curiae, as well as the transcript of the oral argument." Henry W. Underhill, Executive Director and General Counsel International Municipal Lawyers Association
"Eminent Domain Use and Abuse, with its encyclopedic CD-ROM, is a complete research tool for anyone studying the background and effects of the Kelo decision. I commend the co-editors and ABA for the extraordinary effort before the decision and after to get this comprehensive book to market is such short order." Daniel R. Mandelker, Stamper Professor of Law Washington University (St. Louis)