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31 St. & Loc. L. News 1 (2007-2008)

handle is hein.journals/stlolane15 and id is 1 raw text is: A Section of State and Local Government Law LOCAL LAW The Section serves as a colegialforum for its members, the profession, and the public to provide leadership and educational resources in urban, state, and local government law andpolcy. America's Ongoing Property Rights Debate Reinvigorated: Legislative and Judicial Responses to Kelo By Stevenj Eagle and Christopher W Smart he ninth annual joint program of the Sections of State and Local Government Law (SLG) and Real Property, Trust and Estate Law (RPTE) featured a discussion of the aftermath of the Supreme Court's controversial decision in Kelo v. City ofNew London, 545 U.S. 469 (2005). Kelo has led to a deluge of legislative proposals and statutes and nu- merous judicial decisions. These already are having a sub- stantial impact on state and local government use of eminent domain for public-private redevelopments. This year's joint program, at the ABAs Annual Meeting in San Francisco, was organized by Dwight H. Merriam, of SLG, and Christopher W. Smart, of RPTE, and addressed these responses to Kelo and their likely impact from various perspectives. Professor Richard M. Frank, executive director of the Stevenj Eagle is a professor of law at George Mason University School of Law in Arlington, Virginia, and is co-chair of the Sections Condemnation Law Committee. Christopher W Smart is partner in the Tampa, Floridafirm of Carlton Fields and chair of the Section of Real Property, Trust and Estate Law Land Use Committee. California Center for Environmental Law & Policy at the Boalt Hall School of Law, opened the program by providing a comprehensive analysis of Oregon's Measure 37, the Kelo de- cision itself, and the series of Kelo Plus initiatives that at- tempted to build upon the negative public reaction to Kelo by attempting to limit not just eminent domain, but also govern- ment regulation ofprivate property more generally. Adopted in 2004, Measure 37 predates Kelo, but reflects property rights advocates' dissatisfaction with what they per- ceived as abuse of governmental regulatory authority The law resulting from Measure 37 creates a claim for reimbursement against local governments for regulations resulting in a diminution in value to property. If the government fails to pay, the owner may use the property subject only to restrictions in place at the time of purchase. In the wake of Kelo, Oregon's law was to serve as a model for other similar initiatives. In 2005, the Supreme Court's holding in Kelo that eco- nomic redevelopment and the creation ofjobs qualified as a continued on page 10 Chair' Message, page 2 Section News -10th Annual Fordham Award Winners, page 3 -Call for Student Papers on Environmental Law Topics, page 4 -Student Excellence Awards, page 5 State Government: Election Law in Texas, page 6 Supreme Court Watch: A Look Back and a Look Ahead, page 8 Vol. 31, No. 1, Fall 2007

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