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Suggested Citation:"CONTENTS." 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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CONTENTS I. Introduction, 3 II. The Kelo v. City of New London Decision, 3 III. Trends Illustrated by the Post-Kelo Reforms, 6 A. Constitutional and Legislative Enactments in Response to Kelo, 6 B. Impact of the Post-Kelo Reforms on Takings for Economic Development, 7 C. Impact of the Post-Kelo Reforms on Takings of Blighted Property, 7 D. The Impact of Post-Kelo Laws on Takings for State Transportation Projects, 8 IV. The Effect of Post-Kelo Reforms on Public Use and Transportation Projects, 8 A. Transportation Projects as a Public Use, 8 B. Requirement of Public Ownership of Condemned Property, 10 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 IX. The Effect of Post-Kelo Laws on Takings for Transportation Projects, 24 A. Post-Kelo Reforms’ Effect on Cost and Timely Delivery of Projects, 24 B. Post-Kelo Reforms’ Effects on Appraisals, Land Acquisition, and Project Planning, 25 C. Other Post-Kelo Laws’ Effects on Transportation Projects, 27 D. Post-Kelo Effect on Takings of Blighted Property for Transportation Projects, 28 E. Transportation Departments’ Providing of Guidance Regarding Post-Kelo Laws, 28 X. Conclusion, 29 Appendix A: Survey Questions, 30 Appendix B: Transportation Departments Responding to the Survey, 32

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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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