A new take on public use: were Kelo and Lingle nonjusticiable?

Duke Law Journal, February, 2006 by Breau, David L.

The blinding light of familiarity seems to obscure from observation the details of what goes on beneath it.

--Robert L. Hale (1)

INTRODUCTION

When Suzette Kelo sued to prevent New London, Connecticut, from using eminent domain to acquire her home, the Court would have been consistent with its standing jurisprudence if it had dismissed the case for lack of standing. Suzette Kelo was the named plaintiff in Kelo v. City of New London, (2) a 2005 takings decision that generated significant criticism nationwide (3) when the Supreme Court ruled that New London could use eminent domain to force the sale of homes from residents who had lived in them for decades. (4) Although the Court's standing jurisprudence, when taken at face value, suggests...

Read the rest of this article with a Free Trial at HighBeam Research.

Premium Content Partnership | HighBeam Research provides an in-depth online archive library of reference works.