EMINENT DOMAIN
JURIST legal news archive...




Brandt v. United States: Will Property Law Doom Rail Trails?
April 16, 2014
JURIST Guest Columnist Brian T. Hodges of the Pacific Legal Foundation discusses the US Supreme Court's troubling decision in Brandt v. US... On March 10, 2014, the US Supreme Court issued its decision in the quiet title case, Marvin M. Brandt Revocable Trust v. US (PDF). In an 8-1 decision, the co....... [more]

Egypt prosecutors refer 220 Morsi supporters to criminal court
April 13, 2014
Egyptian prosecution authorities referred 220 supporters of deposed president Mohammed Morsi to criminal court over the weekend for their involvement in protests in downtown Cairo on the January 25 anniversary of the 2011 Egyptian Revolution earlier this year. The 220 Morsi supporters face a number....... [more]

Supreme Court rules right of way abandoned by railroads reverts to private property
March 10, 2014
The US Supreme Court ruled 8-1 Monday in Marvin M. Brandt Revocable Trust v. United States that a right of way granted under the General Railroad Right-of-Way Act of 1875 is an easement which can be terminated by the railroad's abandonment, leaving the underlying land unburdened. The majority opinio....... [more]

Some Real Effects of Eminent Domain in New York City
September 24, 2013
JURIST Guest Columnist Nathaniel Chiaravalloti, St. John's University School of Law Class of 2014, is the author of the second article in a 10-part series from the staffers of the Journal of Civil Rights and Economic Development. Chiaravalloti discusses the negative consequences of the government ex....... [more]

Venezuela president said constitutional reforms would protect private property rights
July 22, 2013
On July 22, 2007, Venezuelan President Hugo Chavez announced that constitutional reforms would include private property rights. The proposed reforms would have allowed Chavez to stand indefinitely for reelection, handpick local leaders under a new political map, create new types of communal property....... [more]

Fracking Litigation
July 20, 2013
Shale gas deposits have been identified across the US and drilling efforts had begun as early as the 1940s. As natural gas extraction intensified in the early twenty-first century and environmental concerns gained publicity, some landowners filed lawsuits, particularly in the northeast Marcellus Sha....... [more]

Proposal to evict Justice Souter in retaliation for eminent domain ruling was rejected
February 4, 2013
On February 4, 2006, residents of Weare, New Hampshire, voted down a proposal to evict US Supreme Court Justice David Souter from his farmhouse in that town, and instead called for the state legislature to strengthen laws regarding eminent domain. The vote was 94-59 against eviction. California resi....... [more]

Virginia amends constitution to restrict eminent domain
November 7, 2012
Virginia voters passed Question 1 on Tuesday by 76 percent, amending the state Constitution to include prohibitions on the State utilizing eminent domain to seize private property. Question 1 amends Article 1, Section 11 of the state Constitution to "require that eminent domain only be exercised wh....... [more]

Venezuela president said constitutional reforms would protect private property rights
July 22, 2012
On July 22, 2007, Venezuelan President Hugo Chavez announced that constitutional reforms would include private property rights. The proposed reforms would have allowed Chavez to stand indefinitely for reelection, handpick local leaders under a new political map, create new types of communal property....... [more]

US House approves bill restricting eminent domain
February 29, 2012
The US House of Representatives approved legislation on Tuesday restricting the ability of states to take control over private property for public use under eminent domain. The Private Property Rights Protection Act of 2012 would effectively overturn the 2005 US Supreme Court decision in Kelo v. Ci....... [more]

Indonesia parliament approves eminent domain bill
December 18, 2011
The Indonesian parliament approved a bill on Friday that gives the government eminent domain powers to seize land from individuals without their consent, as long as compensation is provided. Proponents of the bill argue that it will allow the government to increase infrastructure, leading to improv....... [more]




WEBSITES

    Kelo v. New London [US SC]

    The Kelo Decision [US Senate Jud. Comm.]

    Eminent Domain [NLC]

    Eminent Domain [Cato Institute]

    Eminent Domain [Reason Foundation]

    Private Property Rights [Inst. for Justice]

    Coalition for Redevelopment Reform

    Castle Coalition

    Eminent Domain [Wikipedia]

    Kelo v. New London [Wikipedia]