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Wednesday, October 5, 2005

Resources on the Legislative Response to Kelo

I haven't seen much academic discussion of the legislative response to Kelo, which to me is far more interesting than the Court's decision itself.  The Kelo backlash presents a rare opportunity to get state legislatures to pay attention to eminent domain law and procedure.  This opportunity extends beyond the relatively narrow "economic development takings" issue raised by Kelo.  I think that in the current political climate, many legislatures are willing to consider a wide range of reform ideas.

I will have some substantive postings on legislative reform soon, but in the meantime, I'm trying to put together a list of links to resources on the issue.  Here is what I have so far:

The Castle Coalition maintains listings of pending legislation on the federal, state and local levels.  They also have model legislation and the Institute for Justice's white paper on legislative reform.

The National Conference of State Legislatures is also tracking reform legislation, and has a listing of recent pre-Kelo eminent domain legislation.

The Senate Judiciary Committee recently held hearings on Kelo.  The testimony of law professors Thomas Merrill (Columbia) and Steven Eagle (George Mason) is particularly interesting.

Will Baude has posted notes on a debate on the issue between Merrill and Nicole Garnett (Notre Dame).

I've given testimony to the Pennsylvania legislature on the issue.

I'm sure there is more out there.  Please e-mail me or leave a comment if you know of anything I should add to the list.  To be clear, I'm not looking for material about the Kelo decision itself; rather, I'm looking for material on what legislatures should do (or not do) in response to Kelo.

[Please note that there might be a delay in comments going up because they won't appear until I have had a chance to review them.]

Ben Barros

http://lawprofessors.typepad.com/property/2005/10/resources_on_th.html

Law Reform, Takings | Permalink

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