Eminent Domain and Regulatory Takings 
Recent Research and Commentary
NYT Forum Debates Eminent Domain
November 16, 2009, 8:34amQuiet Victories on the Regulatory Takings Front
October 13, 2009, 9:10pmTwo interesting news articles on the regulatory takings front.
Private Developers Have No Right to My Home
It's time for New York's high court to protect homeowners.
October 13, 2009New York's Constitution says that property can be taken for a "public use." Not a "public benefit" or "public purpose." No New York State Constitutional Convention or legislature has ever seen fit to change this language or amend it. "Public use" means "public use." But again and again New York has approved eminent domain condemnation for projects, such as Atlantic Yards, that benefit private entities at the public's expense—so not only are they not for "public use," they are not even for the "public benefit." It's time for this to stop.
Report: Widespread Eminent Domain Abuse in New York State
October 8, 2009, 12:57pmThe Institute for Justice has released a new report detailing eminent domain abuse in New York State, one of the handful of states that failed to see any racheting back of its condemnation laws in the wake of the U.S. Supreme Court's Kelo vs. City of New London in 2005.
When Public Power Is Used for Private Gain
It's time for New York's highest court to say no to eminent domain abuse
October 8, 2009It's a classic case of eminent domain abuse. Ratner isn't planning to build a bridge or a road or any other legitimate public project that might permit the forceful taking of private property. He wants to build a basketball arena, sell tickets to the games (not to mention sell broadcast rights, advertising space, concessions, and merchandise), and make a big fat profit. That's not public use, it's private gain.
Annual Privatization Report 2009
Reason Foundation's 23rd annual report on privatization and outsourcing
August 6, 2009With governments at all levels facing severe budget deficits and prolonged fiscal crises amid the national economic recession, privatization and public-private partnerships have become increasingly prominent in fiscal policy debates, according to Reason Foundation's Annual Privatization Report 2009.
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- Private Developers Have No Right to My Home
It's time for New York's high court to protect homeowners.
Daniel Goldstein
October 13, 2009 - When Public Power Is Used for Private Gain
It's time for New York's highest court to say no to eminent domain abuse
Damon W. Root
October 8, 2009 - Policymakers Turn to Privatization Amid Prolonged Government Fiscal Crises
Privatization, public-private partnerships increasingly prominent in fiscal policy debates
Leonard Gilroy
August 6, 2009 - "As Naked an Abuse of Government Power as Could be Imagined"
How the Sotomayor nomination revived the debate over eminent domain abuse
Damon W. Root
June 25, 2009 - Sold Down the River
How Mississippi Gov. Haley Barbour sabotaged eminent domain reform
Damon W. Root
May 11, 2009 - "Eminent Domain Through the Back Door"
Standing up for property rights and civil rights in Montgomery, Alabama
David Beito
April 28, 2009 - SLAPP Silly
Developers vs. free speech
Jacob Sullum
March 20, 2009 - Not One More Acre!
Ranchers in Colorado's Piñon Canyon fight a massive Army land grab.
Trey Garrison
February 17, 2009 - There Goes the Neighborhood
Exposing Columbia University's eminent domain abuse
Damon W. Root
February 9, 2009 - Scottsdale Water Condemnation Proposal Leaves a Bad Taste
Exercising eminent domain to take over private water utility is fiscally irresponsible, violates private property rights
Leonard Gilroy
June 30, 2008 - States Should Establish Ombudsmen To Protect Private Property Rights
Utah leads the way
Leonard Gilroy
April 17, 2008 - American Voters Protect Their Property Rights
Eminent domain measures pass in nine states
Leonard Gilroy
November 15, 2006 - Protecting Property Rights in a Landslide
Voters in nine states pass measures to curb eminent domain abuse
Leonard Gilroy
November 8, 2006 - Defending the Right to Steal Your Property
Self-serving opponents of property rights measures aim to sour debate, deceive voters
Leonard Gilroy
November 3, 2006 - Robert Redford and Property Rights
Is California's Prop 90 the most dangerous threat ever?
Samuel Staley
November 1, 2006 - Taking 'Takings' to the Voters
The California, Idaho, Arizona, and Washington initiatives
Shikha Dalmia and Leonard Gilroy
October 30, 2006 - Beware the Bogus Measure 37 Poll
Biased poll is an "October surprise" intended to deceive voters, taint debate on property rights measures
Leonard Gilroy
October 27, 2006 - Prop 90 Protects Your Home
California needs to block eminent domain abuse, limit regulatory takings
Leonard Gilroy
October 20, 2006 - Protecting Homes and Liberties
California's Prop. 90 seeks to protect property rights
Adam Summers
October 17, 2006 - The Western Property Rights Wildfire
Western voters to decide whether to rein in government control of land use, eminent domain
Leonard Gilroy
August 9, 2006 - Ohio Court Restores Balance to Eminent Domain
Norwood went too far and state court reels city in
David Owsiany
August 1, 2006 - Property Owners Score Major Victory in Ohio
Eminent domain decision could set post-Kelo national trend in state courts
Samuel Staley
July 27, 2006 - Supreme Court Issues Murky Decision in Wetlands Case
Decision fails to provide a check on federal authority to regulate private property
Leonard Gilroy
June 29, 2006 - Master of Your Domain: The Impact of the Kelo Decision
Why property rights are so crucial to freedom
Adam Summers
June 26, 2006 - Facing Down the Bulldozers
What's a legitimate use of the power of eminent domain?
Shikha Dalmia
June 23, 2006 - Post-Kelo Reforms Aren't Strong Enough
Can our system protect property rights if community "needs" reign supreme?
Adrian Moore
June 23, 2006 - Kelo: One Year Later
Outrage fuels surging property rights movement
Leonard Gilroy
June 21, 2006 - States Take Action To Protect Property Rights
Oregon's Measure 37 has inspired a national property rights movement
Leonard Gilroy
May 8, 2006 - Coalition Urges Senate to Pass Legislation Protecting Private Property Rights
Eminent domain abuse undermines Constitutional property protections
Geoffrey Segal
May 2, 2006 - What States Are Doing About Eminent Domain Post-Kelo
Dozens of states seeking to restrict use of eminent domain
Leonard Gilroy
April 25, 2006 - Has the Supreme Court Killed Capitalism?
Local governments seem to have carte blanche on eminent domain
Samuel Staley
January 18, 2006 - States Left to Respond to Eminent Domain Abuse
In Norwood, Ohio takes property that is "deteriorating"
David Owsiany
January 12, 2006 - Eminently Important Rights
Ohio Supreme Court can protect private property owners
David Owsiany
December 18, 2005 - Blight Loophole Could Allow Cities to Grab Homes, Land
MI amendment won't stop eminent domain abuse
Shikha Dalmia
November 3, 2005 - California's Left Is Eyeing Your Home
Eminent domain is government-sanctioned bullying
Matt Welch
August 14, 2005 - Spending Limits — or Your Property?
Eminent domain decision increases need for government spending reform
Geoffrey Segal
July 5, 2005 - Is Kelo Good For Urban Planning?
Court upheld process, but not good planning
Samuel Staley
July 5, 2005 - The Courts and Property
Less scrutiny for eminent domain
Samuel Staley
July 1, 2005 - Hoosier Rights at Risk
Indiana needs to rein in eminent domain
Samuel Staley
June 30, 2005 - Homeowners Making Way for Government Bulldozers
Supreme Court decides property rights aren't rights after all
Geoffrey Segal
June 27, 2005 - Homeowners Make Way for Bulldozers
The Supreme Court decides property rights aren't rights after all
Samuel Staley
June 27, 2005 - Property 'Takings' Evolved Over Years
Indiana needs to balance private property rights and the public interest
Samuel Staley
June 26, 2005 - Eminent Domain Takes Center Stage in Redevelopment Debates
Investment discouraged when governments can seize homes and businesses
Samuel Staley
April 1, 2005 - Determining Who Ultimately Owns Your Home
The fate of property rights hangs in the balance
Samuel Staley
February 23, 2005 - 'Second-Guess' Eminent Domain? Yes!
High court appears all too willing to let governments abuse property rights
Samuel Staley
February 23, 2005 - Property Rights Trampled in Norwood
Owen Courrèges
July 2, 2004 - City Planning: Slow vs. Smart Growth
NPR Radio
Samuel Staley
March 6, 2003 - Wrecking Property Rights
How cities use eminent domain to seize property for private developers.
Samuel Staley
February 1, 2003
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