The Ramifications of Post-Kelo Legislation on State Transportation Projects (2012) / Chapter Skim
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THE EFFECT OF POST-KELO LAWS ON TAKINGS OF BLIGHTED PROPERTY A Post-Kelo Reforms and Blighted Property Based on the transportation departments' responses to the survey, it does not appear that a prohibition on the use of eminent domain for economic development or any exceptions thereto for blighted property have had an impact on the departments' acquisitions of private property for highway projects.
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From page 17... ...
he acquisition of real property to remove structures beyond repair, public nuisances, structures unfit for human habitation or use, and abandoned property when such structures or property constitute a menace to health and safety."193 Oregon's response to the survey stated that in Oregon, "[i] n the realm of using condemnation for urban redevelopment, the definition of ‘blighted property' was modified to include actual physical deterioration of target properties."194 Under some states' statutes that permit takings of blighted property, the condition of streets is a factor that may be considered in determining whether an area is blighted and whether the use of eminent domain is permissible.195 In an Illinois case, the court upheld a village's determination of blight in connection with a redevelopment project based on various statutory factors.
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From page 18... ...
Requirement of a Vote or a Vote by a Super-Majority Various states require a vote by the governing body before the use of eminent domain or the transfer to a private person or entity of property taken by eminent domain. In Florida, where takings of blighted property are prohibited, private property taken by eminent domain "may not be conveyed to a natural person or private entity except as provided by general law passed by a three-fifths vote of the membership of each house of the Legislature."204 In Georgia, a resolution by the appropriate governing body may be required a specified number of days prior to the condemnor being permitted to bring an action for condemnation.205 Some states require a vote by a super-majority of the applicable governing authority before property may be designated as blighted.206 In Connecticut, 198 Jody Arogeti, Anita Bhushan, Jill M
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From page 19... ...
Requirement of Additional Compensation A post-Kelo requirement in some states is that a condemnor must pay additional compensation,215 that is, more than fair market value, when property is taken purely for economic development (if allowed) or if blighted property is taken for redevelopment.216 In Rhode Island, when property is taken for economic development, a property owner must be compensated for a minimum of 150 percent of the fair market value of the real property, as well as for incidental expenses, such as the charge for prepaying a mortgage entered into in good faith and "actual, reasonable, and necessary" relocation expenses.217 In Kansas, the legislature may authorize the use of eminent domain for private economic development purposes, but "the legislature shall consider requiring compensation of at least 200 percent of fair market value to property owners…."218 6.
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