Click for next page ( 30


The National Academies | 500 Fifth St. N.W. | Washington, D.C. 20001
Copyright © National Academy of Sciences. All rights reserved.
Terms of Use and Privacy Statement



Below are the first 10 and last 10 pages of uncorrected machine-read text (when available) of this chapter, followed by the top 30 algorithmically extracted key phrases from the chapter as a whole.
Intended to provide our own search engines and external engines with highly rich, chapter-representative searchable text on the opening pages of each chapter. Because it is UNCORRECTED material, please consider the following text as a useful but insufficient proxy for the authoritative book pages.

Do not use for reproduction, copying, pasting, or reading; exclusively for search engines.

OCR for page 29
29 partment has had discussions regarding right-of-way acquisition and that it is "looking hard at potential set- tlements as opposed to filing a condemnation action. This had been done on a project by project basis and not as training."358 The Wyoming DOT reported that it has "had discus- sion with everyone involved in project delivery" regard- ing the changes in the law.359 X. CONCLUSION In response to the Kelo decision, 43 states enacted constitutional and legislative changes restricting in varying degrees the use of eminent domain for economic development. In many of the states having such reforms it does not appear that the constitutional or legislative changes have affected state transportation depart- ments' use of eminent domain for highway and other transportation projects. Some states' post-Kelo reforms specifically or effectively exempt takings for transporta- tion projects. In addition, transportation departments are unaffected by the post-Kelo laws in states that re- quire that any property acquired by eminent domain must be transferred to public ownership or that prohibit the use of eminent domain to acquire private property for transfer to another person or private entity. No state DOT responding to the survey reported that the definition of public use under its state's post-Kelo laws has affected the use of eminent domain for a transpor- tation project. No department responding to the survey reported that a prohibition on takings for economic de- velopment or a restriction on the taking of blighted property had affected the department's use of eminent domain. 358 Nevada DOT's Survey Response, dated Mar. 14, 2011. 359 Wyoming DOT's Survey Response, dated Mar. 22, 2011.