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'Atlantic Yards' Condemnation Upheld

By Steven M. Silverberg

In Kelo v. City of New London, (545 U.S. 1158 (2005)) the United States Supreme Court created an uprising of sorts among legislatures and the public by articulating what has been the law of eminent domain in the United States for about 100 years. Yet, the Kelo case raised much public ire because it permitted the condemnation of private property for economic development purposes, which ultimately enriched private interests. In that decision, the Supreme Court raised the possibility that condemnation for economic development might be challenged in circumstances where economic development could be shown to be a mere pretext under which a private developer is allowed to acquire other private property using the government's power of eminent domain.

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