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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