PLF on Eminent Domain

State Abuses Eminent Domain Law

by Timothy Sandefur

The Springfield (MO) News-Leader has my editorial about the Tourkakis case. Excerpt:

After the U.S. Supreme Court's infamous decision in Kelo v. New London, which allowed government to use eminent domain to seize homes and businesses and give the land to private developers, citizens of Missouri might have hoped that their state courts would understand the need for a restrained interpretation of eminent domain. Unfortunately, the state's highest court chose this week to expand that power even further than the Kelo case did, and in the process, it put every home and business owner, every farmer and church member in Missouri at risk. Now, only an amendment to the state constitution can protect Missourians from the abuse of eminent domain.

(Read the rest...)

Eminent Domain Forum at Chapman University

Chapman University Law School will be hosting a forum on eminent domain, and on California's Propositions 98 and 99, on Monday, April 14, at 5:30 p.m. PLF's Timothy Sandefur will be among the panelists. More information on the Orange Juice Blog here.

Motion for Rehearing in Tourkakis

by Timothy Sandefur

The Pacific Legal Foundation filed a motion for rehearing in the Missouri Supreme Court yesterday, asking the Court to reconsider part of its decision in City of Arnold v. Tourkakis. The petition asks the Court to clarify what procedural mechanism should be employed when the case proceeds in the trial court. Since the TIF Act (the law under which the city claims its eminent domain authority) does not specify any procedure to be followed, we've asked the Court which of the many sets of rules for eminent domain cases ought to apply. You can read the petition here.

What the Next President Can Do for Property Rights

Our friend Prof. Ilya Somin has an excellent article on what the next president can do to protect property rights from eminent domain abuse and other problems.

Atlantic Yards Cert Petition Filed

The property owners in the Atlantic Yards eminent domain case in New York have filed a petition for certioari in the United States Supreme Court. How Appealing has the details and a copy of the brief.