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The Ramifications of Post-Kelo Legislation on State Transportation Projects (2012)

Chapter: APPENDIX B: TRANSPORTATION DEPARTMENTS RESPONDING TO THE SURVEY

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Page 32
Suggested Citation:"APPENDIX B: TRANSPORTATION DEPARTMENTS RESPONDING TO THE SURVEY." 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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Page 32

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32 APPENDIX B: TRANSPORTATION DEPARTMENTS RESPONDING TO THE SURVEY Alabama Department of Transportation Arkansas State Highway and Transportation Department California Department of Transportation Connecticut Department of Transportation Delaware Department of Transportation Idaho Department of Transportation Iowa Department of Transportation Kansas Department of Transportation Maryland Department of Transportation Missouri Department of Transportation Montana Department of Transportation Nebraska Department of Roads Nevada Department of Transportation New Jersey Department of Transportation New Mexico Department of Transportation New York State Department of Transportation North Carolina Department of Transportation North Dakota Department of Transportation Ohio Department of Transportation Oregon Department of Transportation Pennsylvania Department of Transportation Rhode Island Department of Transportation South Carolina Department of Transportation Tennessee Department of Transportation Utah Department of Transportation Virginia Department of Transportation West Virginia Department of Transportation, Department of Highways Wisconsin Department of Transportation Wyoming Department of Transportation

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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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