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The Inadequacy of the Planning Process for Protecting Property Owners from the Abuse of Eminent Domain for Private Development

In: Property Rights

Author

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  • Scott G. Bullock

Abstract

In its now infamous opinion in Kelo v. City of New London,1 Justice Stevens and the majority focused on the supposedly vital role of planning in remaking the Fort Trumbull neighborhood where Susette Kelo and her neighbors lived. Justice Stevens declared the takings of the homes were legitimate because the “City has carefully formulated an economic development plan that it believes will provide appreciable benefits to the community, including … new jobs and increased tax revenue…. Given the comprehensive character of the plan, the thorough deliberation that preceded its adoption, and the limited scope of our review, it is appropriate for us, as it was in Berman, to resolve the challenges of the individual owners, not on a piecemeal basis, but rather in light of the entire plan.”2

Suggested Citation

  • Scott G. Bullock, 2010. "The Inadequacy of the Planning Process for Protecting Property Owners from the Abuse of Eminent Domain for Private Development," Palgrave Macmillan Books, in: Bruce L. Benson (ed.), Property Rights, chapter 6, pages 89-99, Palgrave Macmillan.
    • Handle: RePEc:pal:palchp:978-0-230-10779-3_6
    DOI: 10.1057/9780230107793_6
    as

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