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The Grasping Hand"Kelo v. City of New London" and the Limits of Eminent Domain$
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Ilya Somin

Print publication date: 2015

Print ISBN-13: 9780226256603

Published to University Press Scholarship Online: May 2016

DOI: 10.7208/chicago/9780226256740.001.0001

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date: 14 December 2017

Should Blight and Economic Development Takings Be Reformed or Banned?

Should Blight and Economic Development Takings Be Reformed or Banned?

Chapter:
(p.204) Chapter Eight Should Blight and Economic Development Takings Be Reformed or Banned?
Source:
The Grasping Hand
Author(s):

Ilya Somin

Publisher:
University of Chicago Press
DOI:10.7208/chicago/9780226256740.003.0008

This chapter considers a variety of reform proposals that have been offered as alternatives to banning blight and economic development takings altogether. They include increasing compensation for owners of condemned property, increasing procedural constraints on eminent domain, providing extra protection for residential property only, subjecting economic development takings to heightened judicial scrutiny, and giving communities a greater say in deciding whether land within their boundaries will be taken. Many of these proposals have merit. But none are likely to be as beneficial as a categorical ban on economic development and blight condemnations. It is similarly unlikely that the harms of such takings will be eliminated by interjurisdictional competition in a federal system. The chapter also considers claims that a ban is unlikely to do much good because it does not go far enough.

Keywords:   competitive federalism, blight, economic development, compensation, scrutiny, legal procedure

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