This term, the U.S. Supreme Court tackled eminent domain and altered the face of it substantially.
In Lingle v. Chevron USA Inc., the U.S. Supreme Court abolished the "substantially advances a legitimate state interest" threshold standard for determining when a land use regulation becomes a taking under the Fifth Amendment to the U.S. Constitution.
In San Remo Hotel L.P. v. City and County of San Francisco, the U.S. Supreme Court refused to create an exception to the full faith and credit statute for litigants seeking to advance federal takings claims.
And in Kelo v. City of New London, a bare majority of the U.S. Supreme Court upheld the exercise of eminent domain for economic revitalization.
David L. Callies, the Benjamin A. Kudo Professor of Law at the William S. Richardson School of Law, has written three special reports on these eminent domain rulings for LexisNexis® Matthew Bender®, a leading provider of analytical legal research information. They are available for download free of charge on lexisONE.
>Analysis of Lingle v. Chevron USA Inc.(a free PDF download)
>Analysis of San Remo Hotel L.P. v. City and County of San Francisco(a free PDF download)
>Analysis of Kelo v. City of New London(a free PDF download)
>Decision Text - Lingle v. Chevron USA Inc.(free, registration required)
>Decision Text - San Remo Hotel L.P. v. City and County of San Francisco(free, registration required)
>Decision Text - Kelo v. City of New London(free, registration required)
And for the most authoritative work in the field of Eminent Domain, read Nichols on Eminent Domain, available in the LexisNexis® Bookstore.
(Also available on CD-ROM.)