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Suggested Citation:"COVER." National Academies of Sciences, Engineering, and Medicine. 2012. The Ramifications of Post-Kelo Legislation on State Transportation Projects. Washington, DC: The National Academies Press. doi: 10.17226/14631.
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Legal Research Digest 56 national Cooperative highway researCh program January 2012 TRANSPORTATION RESEARCH BOARD OF THE NATIONAL ACADEMIES the ramifiCations of post-kelo legislation on state transportation projeCts This report was prepared under NCHRP Project 20-6, “Legal Problems Arising Out of Highway Programs,” for which the Transportation Research Board is the agency coordinating the research. The report was prepared by Larry W. Thomas, Attorney at Law, Washington, DC. James B. McDaniel, TRB Counsel for Legal Research Projects, was the principal investigator and content editor. the problem and its solution State highway departments and transportation agen- cies have a continuing need to keep abreast of operat- ing practices and legal elements of specific problems in highway law. This report continues NCHRP’s practice of keeping departments up-to-date on laws that will affect their operations. applications In the 2005 United States Supreme Court case of Kelo v. the City of New London, the Court held that the use of eminent domain to take nonblighted, private prop- erty for a city-approved, privately implemented eco- nomic development plan was constitutional. That deci- sion resulted in a great deal of discussion regarding the unfettered use of eminent domain and its implications for property owners. Following these developments, there was considerable pressure on state legislatures to curb the use of eminent domain powers. State trans- portation officials expressed concern that the backlash against condemnations would significantly affect the price of property needed for transportation projects. Forty-three states enacted legislation that either re- stricted the use of eminent domain for economic devel- opment or restricted the eminent domain process. This new legislation could also significantly impact the ac- quisition of private property for transportation projects. More importantly, the desire to constrain condemna- tion for redevelopment purposes has the potential for influencing the cost and timely delivery of state trans- portation projects. This digest reports on research that reveals the con- sequences of new legislation by examining how the new legislation has affected 1) using eminent domain for eco- nomic development, 2) condemning blighted and non- blighted property, 3) restricting transfers of condemned property to private parties, and 4) redefining “public use.” States and localities considering more confining legislation would benefit from the identification of re- strictions that could most significantly or adversely af- fect the cost and timely delivery of state transportation projects. Transportation officials and attorneys should gain helpful insight in dealing with the overall impacts of such legislation. The digest should be useful to transportation admin- istrators; attorneys; transportation planners; state, city, and county legislators; property owners; and real estate professionals.

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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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