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- Title
KELO'S PLANNING MANDATE: REPLACING CLARITY WITH COMPLICATION.
- Authors
Simmons, Brandon
- Abstract
This Article explores the post-Kelo shift in takings jurisprudence from a stance of complete deference to the legislature in determining what is a public use to the more recent position that a comprehensive public planning process provides a constitutional safe harbor, separating presumptively valid public takings from impermissible private ones. After tracing the development of takings jurisprudence and analyzing recent scholarship on and cases applying the new planning safe harbor standard, the author posits that this shift actually adds confusion rather than clarity to judicial takings analysis by requiring courts to examine an extremely complicated, highly political area in which they have little expertise.
- Subjects
JURISPRUDENCE; LEGISLATIVE bodies; PUBLIC use; SAFE harbor; ECONOMIC development; LEGAL opinions; LAW &; economics; PUBLIC law; COURTS
- Publication
Real Property, Trust & Estate Law Journal, 2008, Vol 43, Issue 1, p139
- ISSN
2159-4538
- Publication type
Article