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Expert Analysis

Ga. And SC Are Newest Battlegrounds For Eminent Domain

Law360, New York (October 13, 2016, 3:37 PM EDT) -- In 2005, the U.S. Supreme Court held in Kelo v. City of New London that the city of New London, Connecticut, could condemn 15 residential properties for a "public use" that entailed transferring the property to a new private owner. The majority opinion backstopped its expansive definition of "public use" by emphasizing that "nothing in [its] opinion precludes any state from placing further restrictions on its exercise of the takings power." In the resulting backlash, many states bolstered protections for property rights against government use of eminent domain....

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