We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
THE ROLE OF DEFERENCE IN JUDICIAL REVIEW OF PUBLIC USE DETERMINATIONS.
- Authors
Oswald, Lynda J.
- Abstract
In Kelo v. City of New London, the United States Supreme Court emphasized its longstanding practice of deferring to legislative determinations of public use. However, the Court also explicitly acknowledged that the U.S. Constitution sets a floor, not a ceiling, on individual rights and that the state courts are entitled to take a less deferential approach under their own state constitutions or statutes. This manuscript examines: (1) the ways in which the role of deference in judicial review of public use determinations can vary between federal and state courts and among state jurisdictions; and (2) the difficult issues raised by the interplay between legislatures and courts in public use determinations. Because the Supreme Court's deferential approach to public use disputes provides little succor to property owners challenging takings, state court challenges to takings are likely to become increasingly important. Property owners, therefore, need to understand the issues raised by deference in judicial review of public use challenges in both federal and state courts.
- Subjects
UNITED States. Constitution; KELO v. City of New London; UNITED States. Supreme Court; JUDICIAL review; STATE constitutions; FEDERAL courts; PUBLIC use
- Publication
Boston College Environmental Affairs Law Review, 2012, Vol 39, Issue 2, p243
- ISSN
0190-7034
- Publication type
Article