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Daily Real Estate News  |  June 30, 2005  |   Law Firm Kicks Off Eminent Domain Campaign In response to the U.S. Supreme Court’s ruling that city governments can seize homes and businesses for private development, the Washington, D.C.-based law firm that represented property owners in the case announced a $3 million “Hands Off My Home” campaign to stop what they consider to be abuse of eminent domain around the country. The law firm, Institute for Justice, is concerned that the ruling will embolden governments and developers who want to take property from homeowners and small-business owners. In a 5-4 ruling on June 23, the Supreme Court decided that the city of New London, Conn., did not violate constitutional rights by condemning non-blighted properties so a private mixed-use project could take shape. The city made the case that the riverfront project would provide a much-needed boost to the ailing local economy, benefiting the public with new jobs and tax revenue. But the property owners involved in Kelo vs. City of New London argued that eminent domain should never be used for economic development or, alternatively, only used when there is a reasonable certainty that the government will receive the public benefits expected from the taking. Scott Bullock, senior attorney for the Institute for Justice, says the law firm has been flooded with calls from people who are “outraged” at the ruling. As one of the first actions in the “Hands Off My Home” campaign, a rally is scheduled for July 5 at the New London Town Hall to ask the City Council to allow the other homeowners involved in the suit to remain in their homes. The law firm also is working with its network of citizen activists, known as the Castle Coalition, to introduce state legislation and urge state and local officials to set stricter standards for the use of eminent domain. The NATIONAL ASSOCIATION OF REALTORSŪ and the National Association of Home Builders in December filed a joint friend of the court brief supporting the property owners. The brief argued for the use of a heightened standard of review in public use cases involving economic development. To learn more on the Kelo vs. City of New London ruling and what it means for real estate practitioners, go to REALTOR.org’s new eminent domain page, which includes analysis, news coverage, and a link to the Supreme Court opinion. —By Pat Taylor for REALTORŪ Magazine Online

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11/22/2009 02:57 PM01/05/2009