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CONTENTS I. Introduction, 3 IX. The Effect of Post-Kelo Laws on Takings for Transportation Projects, 24 II. The Kelo v. City of New London Decision, 3 A.Post-Kelo Reforms' Effect on Cost and Timely Delivery of Projects, 24 III. Trends Illustrated by the Post-Kelo Reforms, 6 B.Post-Kelo Reforms' Effects on Appraisals, Land Acquisition, A.Constitutional and Legislative Enactments in Response to Kelo, 6 and Project Planning, 25 B.Impact of the Post-Kelo Reforms on Takings for Economic C.Other Post-Kelo Laws' Effects on Transportation Projects, 27 Development, 7 D.Post-Kelo Effect on Takings of Blighted Property for Transportation C.Impact of the Post-Kelo Reforms on Takings of Blighted Property, 7 Projects, 28 D.The Impact of Post-Kelo Laws on Takings for State Transportation E.Transportation Departments' Providing of Guidance Regarding Projects, 8 Post-Kelo Laws, 28 IV. The Effect of Post-Kelo Reforms on Public Use X. Conclusion, 29 and Transportation Projects, 8 Appendix A: Survey Questions, 30 A.Transportation Projects as a Public Use, 8 Appendix B: Transportation Departments Responding to B.Requirement of Public Ownership of Condemned Property, 10 the Survey, 32 C.Prohibition of Transfers of Condemned Property to a Private Entity, 10 D.No Effect on Takings for a Public Use When a Private Use Is Incidental, 13 E.Summary of the Effects of Post-Kelo Changes on Transportation Departments, 13 V. The Effect of Post-Kelo Laws on the Use of Eminent Domain for Economic Development, 13 A.Post-Kelo Reforms' Prohibitions on the Use of Eminent Domain for Economic Development, 13 B.State Court Decisions Since Kelo, 15 VI. The Effect of Post-Kelo Laws on Takings of Blighted Property, 16 A.Post-Kelo Reforms and Blighted Property, 16 B.Definition of Blighted Property, 17 C.Designation of Blight on a Property-by-Property Basis, 17 D.Other Changes Affecting Takings of Blighted Property, 18 VII. Post-Kelo Reforms' Procedural Changes Affecting Transportation Projects, 20 A.Introduction, 20 B.Attorney's Fees and Other Expenses, 21 C.Notice Requirements, 21 D.Right of First Refusal, 21 VIII. Post-Kelo Reforms and Pretextual Takings, 22