Abstract
The Supreme Court’s recent decision in Kelo v. City of New London has rekindled the debate over “economic development” takings—condemnations that transfer property from one private owner to another solely on the ground that doing so might improve the local economy or increase tax revenue. While such takings have been condemned by many commentators on both the right and the left, environmentalists have been notably absent among Kelo’s critics. Some environmentalists have even defended the Kelo decision and the use of eminent domain to spur private economic development. At the same time, scholarly commentary on Kelo and other economic development takings decisions has largely ignored their potential environmental effects.
This Article provides the first detailed analysis of the environmental effects of Kelo and economic development takings generally. It contends that environmentalist support for economic development takings is misguided, and that the rule embodied by the Supreme Court’s Kelo decision is bad for property owners and environmental protection alike. There is a strong environmental rationale for strictly limiting or prohibiting the use of eminent domain for economic development.
This abstract has been adapted from the authors' introduction.
Document Type
Article
Publication Date
2006
Publication Information
84 Washington University Law Review 623-666 (2006)
Repository Citation
Adler, Jonathan H. and Somin, Ilya, "The Green Costs of Kelo: Economic Development Takings and Environmental Protection" (2006). Faculty Publications. 2328.
https://scholarship.law.wm.edu/facpubs/2328
Included in
Environmental Law Commons, Property Law and Real Estate Commons, Supreme Court of the United States Commons