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VIII. POST-KELO REFORMS AND PRETEXTUAL TAKINGS
Pages 22-23

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From page 22... ... he agency grants or transfers the property to any other person or agency."260 Finally, as was discussed in Section IV.C of the digest, under some state laws when eminent domain was used and the property acquired was conveyed as a consequence thereof to a person or private entity, after the passage of a certain period of time, the property may be transferred to another person or private entity.261 For example, in Florida, if 10 years have elapsed since the condemning authority acquired title to the property and the property was conveyed to a natural person or private entity, "the property may subsequently be transferred, after public notice and competitive bidding unless otherwise provided by general law, to another natural person or private entity without restriction."262 VIII. POST-KELO REFORMS AND PRETEXTUAL TAKINGS Prior to Kelo, some takings were challenged successfully on the basis that the stated public purpose for the project was pretextual.263 The Kelo Court held that a local government is prohibited from taking "property under the mere pretext of a public purpose[] Read the entire page →
From page 23... ... condemnation will provide incidental benefits to private individuals does not invalidate the condemnor's determination as long as the public purpose is dominant…."280 Moreover, "the possibility that the Town may sell or lease the land to a farmer does not make the proposed condemnation a pretext for improperly conferring a private benefit."281 Although not involving a highway or a post-Kelo change in the law, a New Jersey court remanded a case in which the property owner alleged that the township's taking to preserve open space near an airport was pretextual. The property owner claimed that the condemnation's "true purpose [was] Read the entire page →

From page 22...

... he agency grants or transfers the property to any other person or agency."260 Finally, as was discussed in Section IV.C of the digest, under some state laws when eminent domain was used and the property acquired was conveyed as a consequence thereof to a person or private entity, after the passage of a certain period of time, the property may be transferred to another person or private entity.261 For example, in Florida, if 10 years have elapsed since the condemning authority acquired title to the property and the property was conveyed to a natural person or private entity, "the property may subsequently be transferred, after public notice and competitive bidding unless otherwise provided by general law, to another natural person or private entity without restriction."262 VIII. POST-KELO REFORMS AND PRETEXTUAL TAKINGS Prior to Kelo, some takings were challenged successfully on the basis that the stated public purpose for the project was pretextual.263 The Kelo Court held that a local government is prohibited from taking "property under the mere pretext of a public purpose[]

Read the entire page →

From page 23...

... condemnation will provide incidental benefits to private individuals does not invalidate the condemnor's determination as long as the public purpose is dominant…."280 Moreover, "the possibility that the Town may sell or lease the land to a farmer does not make the proposed condemnation a pretext for improperly conferring a private benefit."281 Although not involving a highway or a post-Kelo change in the law, a New Jersey court remanded a case in which the property owner alleged that the township's taking to preserve open space near an airport was pretextual. The property owner claimed that the condemnation's "true purpose [was]

Read the entire page →

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VIII. POST-KELO REFORMS AND PRETEXTUAL TAKINGS Pages 22-23

VIII. POST-KELO REFORMS AND PRETEXTUAL TAKINGS
Pages 22-23