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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 Reformsâ 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 Reformsâ Procedural Changes Affecting Transportation Projects, 20 A. Introduction, 20 B. Attorneyâs 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 Reformsâ Effect on Cost and Timely Delivery of Projects, 24 B. Post-Kelo Reformsâ Effects on Appraisals, Land Acquisition, and Project Planning, 25 C. Other Post-Kelo Lawsâ Effects on Transportation Projects, 27 D. Post-Kelo Effect on Takings of Blighted Property for Transportation Projects, 28 E. Transportation Departmentsâ 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