The government has the authority to appropriate a citizen’s private property without consent. However, the Fifth Amendment of the U.S. Constitution limits that power by requiring just compensation for the owner of the property. In a decision announced on June 23, 2005, the U.S. Supreme Court ruled 5-4 in the case of Kelo v. City of New London that the City's condemnation of several privately-owned parcels pursuant to a comprehensive economic development plan did not violate the Fifth Amendment of the U.S. Constitution. As a result, many states are considering additional restrictions on their use of eminent domain to clarify what constitutes a valid public use under their state laws.
One hundred and two pieces of legislation related to eminent domain were or are currently being considered by state legislatures. To view current legislative activity within your state, visit NAIOP's state legislative monitoring service (Members Only). You will need to log in using your member number and password to obtain the password for this service.
September 2006 Update on Eminent Domain legislation at the state level.
Powerpoint on Eminent Domain shown at the 2006 Chapter Leadership and Legislative Retreat as prepared by Brian Blaesser, Partner, Robinson & Cole LLP.
Senior Director for State and Local Affairs
703-904-7100, ext. 116