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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