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Federal Judiciary

: Decision of the Day

Kelo Strikes Again

By Robert Loblaw

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Goldstein v. Pataki, 07-2537 (2nd Cir., April 7, 2008) Kelo v. City of New London is probably the most widely maligned Supreme Court decision of the past decade. In Kelo, a closely divided Court held that the Fifth Amendment?s takings clause does not bar local governments from using eminent domain powers to hand private property over to developers, so long as the project involves a public benefit. Kelo?s detractors argued that the decision meant that it was open season for real estate developers read more

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Full post as published by Decision of the Day on April 07, 2008 (boomark / email).

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