• August 9, 2018    |    Legal and Policy Studies

    Expropriation in Puerto Rico

    Policy Brief and Report Card

    In a new report (released August 6), the Institute for Justice (IJ) gives Puerto Rico’s eminent domain laws a grade of “F.” IJ is a nonprofit, civil liberties law firm dedicated to ending eminent domain abuse:  when the government seizes private property not for traditional public uses, but for private development. The report examines Puerto…

  • November 22, 2011    |    Scholarly Articles

    In this report, Director of Strategic Research Dick Carpenter responds to commentary on his article about the effects of eminent domain on poor and minority communities. Suggested citation: Carpenter, D. M. (2011). Comment on Carpenter and Ross (2009): Eminent domain and equity—A reply. Urban Studies, 48(16), 3621-3628. Click here to read the full report.

  • August 10, 2010    |    Scholarly Articles

    After the U.S. Supreme Court upheld in the Kelo decision the use of eminent domain for private-to-private transfer of property for economic development, public outrage was followed by attempts to restrict such use of eminent domain. Opponents of restrictions predicted dire consequences for state and local economies. This study considers whether restricting the use of eminent domain…

  • June 1, 2010    |    Legal and Policy Studies

    Five Years After Kelo

    The Sweeping Backlash Against One of the Supreme Court’s Most-Despised Decisions

    On June 23, 2005, the U.S. Supreme Court, in a 5-4 decision called Kelo v. City of New London,[1] ruled that private economic development is a public use under the Fifth Amendment to the U.S. Constitution and that governments could take people’s homes, small businesses and other property to hand over to private developers in…

  • March 1, 2010    |    Legal and Policy Studies

    Little Pink House

    A True Story of Defiance and Courage

    Before there were Tea Parties, there was Kelo. Susette Kelo’s name turned into a movement. Her loss of her property was the final straw for Americans in 2005. When they heard about the Kelo decision, homeowners and small businesses across this country refused to accept the idea that a well-connected developer could turn city hall…

  • January 1, 2010    |    Strategic Research

    Empire State Eminent Domain

    Robin Hood in Reverse

    An analysis of the populations living in areas of New York City under threat of condemnation for private development finds that such eminent domain abuse disproportionately targets those who are less well-off and less educated, as well as ethnic and racial minorities—populations least able to fight back to protect their homes and businesses. In New…

  • October 1, 2009    |    Legal and Policy Studies

    Building Empires, Destroying Homes

    Eminent Domain Abuse in New York

    New York is perhaps the worst state in the nation when it comes to eminent domain abuse. Government jurisdictions and agencies statewide have condemned or threatened to condemn homes and small businesses for the New York Stock Exchange, The New York Times, IKEA and Costco.

  • September 15, 2009    |    Scholarly Articles

    In dissenting from the US Supreme Court’s 2005 Kelo decision upholding the use of eminent domain for private-to-private transfers of property, Justices O’Connor and Thomas asserted, based on the history of urban renewal, that eminent domain for private development would disproportionately hurt poor and minority communities. This study uses US census data and a sample of redevelopment…

  • April 1, 2009    |    Perspectives on Eminent Domain Abuse

    The former chairman and chief executive of New York state’s Urban Development Corporation reveals how Times Square succeeded for reasons that had little to do with government condemnation schemes and everything to do with public policy that allowed the market to work.

  • January 1, 2009    |    Legal and Policy Studies

    They Want to Erase Us Out

    The Faces of Eminent Domain Abuse in Texas

    This report documents how homes, farms and small businesses across Texas have been threatened by eminent domain for private gain.

  • June 1, 2008    |    Perspectives on Eminent Domain Abuse

    Simplify, Don’t Subsidize

    The Right Way to Support Private Development

    An independent developer details the outrageous bureaucratic and regulatory hurdles small developers must pass in order to build private projects.

  • June 1, 2008    |    Perspectives on Eminent Domain Abuse

    Baltimore’s Flawed Renaissance

    The Failure of Plan-Control-Subsidize Redevelopment

    Baltimore’s redevelopment strategy has long been deeply flawed and eminent domain has negatively impacted the city’s renewal.

  • March 1, 2008    |    Legal and Policy Studies

    California Scheming

    What Every Californian Should Know About Eminent Domain Abuse

    The report summarizes the legal history and areas of contention behind eminent domain for private development in California.

  • January 1, 2008    |    Strategic Research

    Doomsday? No Way

    Economic Trends and Post-Kelo Eminent Domain Reform

    When the U.S. Supreme Court upheld eminent domain for private development in the 2005 Kelo case, the public reacted with shock and outrage, leading to a nationwide movement to reform state laws and curb the abuse of eminent domain for private gain. By the end of 2007, 42 states had passed some type of eminent…

  • August 1, 2007    |    Legal and Policy Studies

    50 State Report Card

    Tracking Eminent Domain Reform Legislation Since Kelo

    Since the U.S. Supreme Court’s now-infamous decision in Kelo v. New London, 44 states have passed new laws aimed at curbing the abuse of eminent domain for private use.

  • July 1, 2007    |    Strategic Research

    Victimizing the Vulnerable

    The Demographics of Eminent Domain Abuse

    In Kelo v. City of New London—one of the most reviled U.S. Supreme Court decisions in history—the Court upheld the use of eminent domain by governments to take someone’s private property and give it to another for private economic development. In a major expansion of eminent domain power, the now-infamous Kelo decision marked the first…

  • June 1, 2007    |    Perspectives on Eminent Domain Abuse

    Development Without Eminent Domain

    Foundation of Freedom Inspires Urban Growth

    The former mayor of Anaheim, Calif., describes how that city’s leadership brought economic vibrancy to one neighborhood without resorting to any takings of private property. He also explores the successes and failures of other cities around the nation in economic redevelopment.

  • February 1, 2007    |    Perspectives on Eminent Domain Abuse

    Eminent Domain & African Americans

    What is the Price of the Commons?

    Eminent domain has become what the Founding Fathers sought to prevent: a tool that takes from the poor and the politically weak to give to the rich and the politically powerful.

  • January 1, 2007    |    Legal and Policy Studies

    Dreher and Echeverria

    Disinformation & Errors on Eminent Domain

    In the fight to protect home and small business owners from the government’s abuse of eminent domain, it was only a matter of time until the apologists of the practice—taking property from one private individual and transferring it to another—began their counteroffensive. Since the U.S. Supreme Court’s infamous and widely despised decision in Kelo v.…

  • December 1, 2006    |    Legal and Policy Studies

    A False Sense of Security

    The Potential for Eminent Domain Abuse in Washington

    Washington state law is rife with opportunities for eminent domain abuse.

  • June 1, 2006    |    Legal and Policy Studies

    Opening the Floodgates

    Eminent Domain Abuse in a Post-Kelo World

    One year after the U.S. Supreme Court case, Kelo v. New London, local governments threatened eminent domain or condemned at least 5,783 homes, businesses, churches and other properties so that they could be transferred to another private party.

  • June 1, 2006    |    Legal and Policy Studies

    Redevelopment Wrecks

    20 Failed Projects Involving Eminent Domain Abuse

    Cities and developers tend to overhype the benefits of private development projects that use eminent domain. But many of these projects are failures.

  • June 1, 2006    |    Legal and Policy Studies

    The report debunks several of the most prevalent myths about eminent domain for private gain.

  • September 1, 2005    |    Legal and Policy Studies

    Kelo v. City of New London

    What it Means and the Need for Real Eminent Domain reform

    This white paper explains to both legislators and the general public why eminent domain reform is needed after the Kelo v. New London decision.

  • June 24, 2005    |   

    Activistas de todo el país han utilizado la información de este Manual de Supervivencia para proteger con éxito sus hogares y pequeños negocios del uso abusivo del dominio eminente. Este Manual de Supervivencia se elaboró partiendo de las estrategias prácticas más eficaces que existen para proteger su propiedad sin llegar a tribunales, con el fin…

  • April 1, 2003    |    Legal and Policy Studies

    Public Power, Private Gain

    A Five-Year, State-by-State Report Examining the Abuse of Eminent Domain

    In the first-ever report to document private-to-private takings, the Institute for Justice found more than 10,000 instances of eminent domain abuse in just a five-year-period.

  • March 1, 2002    |    Legal and Policy Studies

    Government Theft

    The Top 10 Abuses of Eminent Domain

    The Institute for Justice brings together the 10 most egregious uses of eminent domain for private purposes from 1998 to 2001.

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