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NCHRP Legal Research Digest 56:

The Ramifications of Post-Kelo Legislation on State Transportation Projects (2012)

34 pages | 8.5 x 11

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34 pages | 8.5 x 11

NCHRP Legal Research Digest 56:

The Ramifications of Post-Kelo Legislation on State Transportation Projects (2012)

Overview
Table of Contents

Authors

Larry W Thomas; Transportation Research Board

Description

TRB's National Cooperative Highway Research Program (NCHRP) Legal Research Digest 56: The Ramifications of Post-Kelo Legislation on State Transportation Projects explores the consequences of legislation enacted by state legislatures that limits the use of eminent domain in response to the 2005 United States Supreme Court case of Kelo v. the City of New London, where the Court held that the use of eminent domain to take nonblighted, private property for a city-approved, privately implemented economic development plan was constitutional.

The report examines how state legislation has affected the use of eminent domain for economic development, for condemning blighted and nonblighted property, and for restricting transfers of condemned property to private parties. The report also examines how states have legislatively redefined the concept of "public use."

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NCHRP Legal Research Digest 56:

The Ramifications of Post-Kelo Legislation on State Transportation Projects (2012)

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NCHRP Legal Research Digest 56:

The Ramifications of Post-Kelo Legislation on State Transportation Projects (2012)

Overview

Authors

Description

Table of Contents

COVER 1-1

CONTENTS 2-2

II. THE KELO V. CITY OF NEW LONDON DECISION 3-5

A. Constitutional and Legislative Enactments in Response to Kelo 6-6

C. Impact of the Post-Kelo Reforms on Takings of Blighted Property 7-7

A. Transportation Projects as a Public Use 8-9

C. Prohibition of Transfers of Condemned Property to a Private Entity 10-12

A. Post-Kelo Reforms' Prohibitions on the Use of Eminent Domain for Economic Development 13-14

B. State Court Decisions Since Kelo 15-15

A. Post-Kelo Reforms and Blighted Property 16-16

C. Designation of Blight on a Property-by-Property Basis 17-17

D. Other Changes Affecting Takings of Blighted Property 18-19

A. Introduction 20-20

D. Right of First Refusal 21-21

VIII. POST-KELO REFORMS AND PRETEXTUAL TAKINGS 22-23

A. Post-Kelo Reforms' Effect on Cost and Timely Delivery of Projects 24-24

B. Post-Kelo Reforms' Effects on Appraisals, Land Acquisition, and Project Planning 25-26

C. Other Post-Kelo Laws' Effects on Transportation Projects 27-27

E. Transportation Departments' Providing of Guidance Regarding Post-Kelo Laws 28-28

X. CONCLUSION 29-29

APPENDIX A: SURVEY QUESTIONS 30-31

APPENDIX B: TRANSPORTATION DEPARTMENTS RESPONDING TO THE SURVEY 32-32

ACKNOWLEDGMENTS 33-33

BACK COVER 34-34

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