« Kelo and judicial deference to legislatures | Main | the ebb and flow of takings doctrine »
Thursday, June 23, 2005
Kelo and regulatory takings
Kelo | Posted by Nicole Garnett at 03:50 PM
Tom and Marty both raise the question of whether Kelo is the nail in the takings-revolution coffin. I actually thought that the Tahoe-Sierra case served that purpose. The cases clearly haven't been going the way that property-rights litigators hoped that they would back when IJ started this (remarkably successful, up to this point) effort to breathe life into the public use limitation. (In the interest of full disclosure, I was a lawyer for IJ at that time.) That said, I think everyone was shocked that the plaintiffs in Kelo got four votes. So, things look slightly better for property-rights advocates than they did after the unanimous Lingle and San Remo County decisions.
On Ilya's point about selective deference: In the San Remo Hotel case (of Janice Rogers Brown fame), the Court unanimously ruled that the full faith and credit statutes precludes a plaintiff from relitigating takings claims in federal court, even though the Williamson County exhaustion rule requires them to start out in state court. The Chief Justice makes Ilya's point in a concurrence:
"In any event, the Court has not explained why we should hand authority over federal takings claims to state courts, based simply on their relative familiarity with local land-use decisions and proceedings, while allowing plaintiffs to proceed directly to federal court in cases involving, for example, challenges to municipal land-use regulations based on the First Amendment, see, e.g., Renton v. Playtime Theatres, Inc., 475 U. S. 41 (1986); Young v. American Mini Theatres, Inc., 427 U. S. 50 (1976), or the Equal Protection Clause, see, e.g., Cleburne v. Cleburne Living Center, Inc., 473 U. S. 432 (1985); Village of Belle Terre v. Boraas, 416 U. S. 1 (1974)."
A couple of more thoughts on Kelo:
First, I do think that Hathcock and other cases may signal a weariness by state court judges w/r/t economic development takings. I wonder if we won't see more policing in the courts where Justice Stevens suggests that it belongs?
Second, Tom is, in my view, completely right that this was a bad case for pressing the public use issue. It was hard to imagine that the Court would second-guess a local government's careful and extensive redevelopment plans. If the facts had been uglier (take from 99 Cents, give to Costco to prevent "future blight"), then I think the plaintiffs might have won.
Trackback Pings
TrackBack URL for this entry:
http://www.scotusblog.com/movabletype/mt-tb.cgi/527
Listed below are links to weblogs that reference Kelo and regulatory takings:
» On what comes next from Crescat Sententia
I hesitate to make such an obvious point, but-- one virtue of the Kennedy "I might grant heightened review later" concurrence, the Stevens "we will deal with abuses when we sit it" opinion as well as the "go enforce other... [Read More]
Tracked on June 23, 2005 05:31 PM
» The Road Not Taken from No Oil for Pacifists
Unrestricted eminent domain would be unconstitutional. But Kelo demands no such thing. It's pro-Federalist, and bolsters a bit of judicial deference commonly confined to the legal endangered species list. I refuse to assume the sky is falling. [Read More]
Tracked on June 25, 2005 11:46 PM
» psychotherapy from psychotherapy
psychotherapy [Read More]
Tracked on August 15, 2005 08:34 AM
» psychotherapy from psychotherapy
psychotherapy [Read More]
Tracked on August 15, 2005 08:34 AM
» psychotherapy from psychotherapy
psychotherapy [Read More]
Tracked on August 15, 2005 08:36 AM
» psychotherapy from psychotherapy
psychotherapy [Read More]
Tracked on August 15, 2005 08:36 AM
» India photographs women from Malayalam fuck sites
Porno asia movie indian Forums for desi sex entertainment Hardcore sex free clips Naked ladies pussy [Read More]
Tracked on August 18, 2005 02:40 PM
» online texas holdem poker from online texas holdem poker
You may find it interesting to check some relevant pages about free texas holdem poker no download [Read More]
Tracked on August 22, 2005 01:19 AM
» free online texes hold em poker from free online texes hold em poker
You can also take a look at the pages in the field of free fun online poker video [Read More]
Tracked on August 27, 2005 10:00 PM
» teen titans from
galleries of teen models teen underwear models girl teens posing in bras teen sluts topless teens teen cheer... [Read More]
Tracked on August 28, 2005 11:50 AM
» games online poker from games online poker
Please check out some relevant information about wagering online poker links [Read More]
Tracked on August 31, 2005 01:24 PM
» empire poker from empire poker
You can also check out some helpful info about poker online poker party poker [Read More]
Tracked on September 9, 2005 03:33 AM
» free play poker videop from free play poker videop
You may find it interesting to check out some relevant information dedicated to online poker addiction [Read More]
Tracked on September 23, 2005 07:48 PM
» free online play wild bear casino game from free online play wild bear casino game
You are invited to take a look at some helpful info on casino casino gambling online portal [Read More]
Tracked on September 26, 2005 11:53 PM
» casino poker chips from casino poker chips
casino poker chips It legislatures based on the ebon-skinned casino poker as the password or sherry-wine. It will shaven bu [Read More]
Tracked on September 27, 2005 05:33 AM
» house plans from house plans
house plans [Read More]
Tracked on September 28, 2005 04:09 AM
» Strip Poker Free to Play Online from Strip Poker Free to Play Online
You are invited to take a look at the pages dedicated to free poker games download [Read More]
Tracked on September 30, 2005 04:04 PM
» Sharon Robinson from James Smith
New interesting theme
[Read More]
Tracked on April 12, 2006 11:40 PM
» Sharon Robinson from James Smith
Pantyhose girls
[Read More]
Tracked on April 15, 2006 02:09 PM
» Sharon Robinson from James Smith
Pantyhose sex
[Read More]
Tracked on May 21, 2006 09:10 PM
» Sharon Robinson from James Smith
Animal pics
[Read More]
Tracked on June 17, 2006 06:52 PM
» Jenny Parner from Jenny Parner
Jenny - Parner [Read More]
Tracked on July 5, 2006 09:40 AM
» Sharon Robinson from James Smith
Gay incest
[Read More]
Tracked on July 7, 2006 11:50 AM
» Dave Wender from Dave Wender
Dave - Wender [Read More]
Tracked on July 12, 2006 10:48 AM
» Sharon Robinson from James Smith
Pissing sex
[Read More]
Tracked on July 27, 2006 03:08 PM
» Sharon Robinson from James Smith
Shemale sex
[Read More]
Tracked on August 4, 2006 11:07 PM
» Sharon Robinson from James Smith
Gay dating
[Read More]
Tracked on August 9, 2006 03:37 PM
» Free bbw xxx clip from Pierre
Kelo and regulatory ta... [Read More]
Tracked on September 21, 2006 08:11 AM
» Hardcore russia sex from Marcus Fredriksson
Kelo and regulatory ta... [Read More]
Tracked on September 28, 2006 07:44 PM
» Juveniles being tried as adults from Chantal Coppex
Kelo and regulatory ta... [Read More]
Tracked on September 30, 2006 01:32 AM
» Men in shower locker rooms from Sabico
Kelo and regulatory ta... [Read More]
Tracked on September 30, 2006 02:16 AM
» Firm black tit from Katrin Otto
Kelo and regulatory ta... [Read More]
Tracked on September 30, 2006 04:10 PM
» Busty moms movie from Venicia Mentzed
Kelo and regulatory ta... [Read More]
Tracked on October 1, 2006 02:43 AM
» 69 chevy c10 from Michel Chanentra
Kelo and regulatory ta... [Read More]
Tracked on October 1, 2006 12:57 PM
» Ebony teen dildo from Liebig Axel
Kelo and regulatory ta... [Read More]
Tracked on October 2, 2006 12:51 PM
» Cartoon porn video clip from Balmer Olafsen
Kelo and regulatory ta... [Read More]
Tracked on October 6, 2006 04:00 PM
» Free online sexy movie from Elke Reik
Kelo and regulatory ta... [Read More]
Tracked on October 7, 2006 03:52 AM
» Anal firest sexy from Deniz Ozen
Kelo and regulatory ta... [Read More]
Tracked on October 19, 2006 03:34 AM
» Mature woman suck cock from Teitz Srbene
Kelo and regulatory ta... [Read More]
Tracked on October 19, 2006 03:45 PM
» Ez loader boat trailer part from Matte Weber
Kelo and regulatory ta... [Read More]
Tracked on October 22, 2006 11:18 PM
» Bad anal girls from Bastian Stranna
Kelo and regulatory ta... [Read More]
Tracked on October 23, 2006 08:09 PM
» Ebony eyez, lame ass lyrics from Metle Skanye
Kelo and regulatory ta... [Read More]
Tracked on October 24, 2006 04:58 PM
» Fisting cum from Wittenbecher Silke
Kelo and regulatory ta... [Read More]
Tracked on October 25, 2006 03:29 AM
» Big white ass booty from Anja Roxin
Kelo and regulatory ta... [Read More]
Tracked on October 25, 2006 03:52 AM
» Kinky pussy sucking whore from Retrisdn
Kelo and regulatory ta... [Read More]
Tracked on October 25, 2006 05:04 AM
» Nice ass vids from Lenore Bremberg
Kelo and regulatory ta... [Read More]
Tracked on October 26, 2006 03:18 AM
» Cum shemale sucking from Anna Lekanden
Kelo and regulatory ta... [Read More]
Tracked on October 26, 2006 01:13 PM
» Sex positions pictures from Leilant Snyman
Kelo and regulatory ta... [Read More]
Tracked on October 27, 2006 01:36 AM
» Woman who squirt when they cum from Ulf Forsmark
Kelo and regulatory ta... [Read More]
Tracked on October 31, 2006 06:20 AM
» Deep oral throat from Julia Norberg
Kelo and regulatory ta... [Read More]
Tracked on November 1, 2006 04:28 AM
» Prison pen pal site from Heidi Kokkonen
Kelo and regulatory ta... [Read More]
Tracked on November 2, 2006 12:39 AM
» Busty mature ass from Jousson Hgkan
Kelo and regulatory ta... [Read More]
Tracked on November 2, 2006 02:43 AM
» Brazilian anal movie from Maria Norberg
Kelo and regulatory ta... [Read More]
Tracked on November 2, 2006 03:25 AM
» Big booty/d ass from Gerhast
Kelo and regulatory ta... [Read More]
Tracked on November 2, 2006 06:29 AM
» Group sex porn from Oliver Fay
Kelo and regulatory ta... [Read More]
Tracked on November 3, 2006 11:06 AM
» Big hairy butt from Petrison
Kelo and regulatory ta... [Read More]
Tracked on November 4, 2006 02:57 AM
» Spanking the perfect ass from Marie Ernst Ohlsson
Kelo and regulatory ta... [Read More]
Tracked on November 4, 2006 03:44 AM
» Eastern hardcore intercourse from Gerhast
Kelo and regulatory ta... [Read More]
Tracked on November 4, 2006 10:08 PM
» Babies butt from Louise Forsmark
Kelo and regulatory ta... [Read More]
Tracked on November 7, 2006 12:57 AM
» Free porn star sex from Analisa Brundin
Kelo and regulatory ta... [Read More]
Tracked on November 7, 2006 02:02 AM
» Patricia Johnson from Robert Williams
hello kitty digital camera
[Read More]
Tracked on November 21, 2006 03:23 PM
» Incest Toons from Incest Toons
Incest Toons [Read More]
Tracked on December 17, 2006 01:21 AM
» 649 lottery lotto from 649 lottery lotto
[Read More]
Tracked on January 22, 2007 07:28 AM
» rape comic from rape comic
rape comic [Read More]
Tracked on March 16, 2007 07:17 AM
» incest videos from incest videos
incest videos [Read More]
Tracked on March 28, 2007 08:53 AM
» Incest from Incest
Incest [Read More]
Tracked on May 3, 2007 10:37 AM
» Incest from Incest
Incest [Read More]
Tracked on May 4, 2007 07:34 PM
» with you from our
exactly [Read More]
Tracked on May 18, 2007 08:03 PM
» bender tubing from bender tubing
shit-happens 3582377 Value information about bender tubing [Read More]
Tracked on June 26, 2007 10:07 PM
» feminine mystique from feminine mystique
shit-happens 3582377 This site contains relevant information about feminine mystique. [Read More]
Tracked on June 27, 2007 08:16 PM
» Oxycodone. from Oxycodone.
60 mg oxycodone. [Read More]
Tracked on January 3, 2008 05:43 AM