The Ramifications of Post-Kelo Legislation on State Transportation Projects (2012) / Chapter Skim
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2007) (allowing a condemnee to plead claims that the government's asserted public use for his property was pretextual, noting Kelo's admonition that government may not "‘take property under the mere pretext of a public purpose, when its actual purpose was to bestow a private benefit'")
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From page 7... ...
oth supporters of state-based Kelo laws and independent researchers found little change in what local and state governments are actually doing…as a result of the laws."58 C Impact of the Post-Kelo Reforms on Takings of Blighted Property In regard to post-Kelo reforms restricting takings of blighted property, the most sweeping changes occurred in Florida and New Mexico, where "all blight condemnations" are banned.59 Elsewhere, many states prohibited eminent domain for economic development or for the purpose of acquiring property for transfer to a private party but continued to allow takings of blighted property.60 In some states the post-Kelo laws only disallow takings if the primary or sole reason for a taking is for the purpose of economic development or to expand the tax base or increase tax revenue.61 Regardless of whether a state enacted post-Kelo laws, at least 34 states have a broad definition of blight that is an exception to any prohibition of or restriction on takings for economic development.62 No transportation depart 54 Ely, supra note 51, at 148.
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