The U.S. Supreme Court in
the case of Kelo v. City of New
London (545 US 469 ) upheld the goal of economic
development as a valid public purpose for the exercise of eminent
domain. While many believe that the Court was upholding existing case
law, property rights advocates and others launched a successful campaign
criticizing the opinion.
As a result of that Supreme Court decision, former
Association President A. Vincent Buzard created the Task Force on
Eminent Domain to address pending eminent domain legislation. A number
of related bills have been proposed at both the state and federal levels
over the past two sessions, but no bill passed that had any broad or
The Task Force wrapped up its work on the subject by
issuing a final report in July 2007, adding five more recommendations to
the original eight issued in its March 2006 interim report.
Other Sections and committees within the Association
were given the chance to review the final report for comment and input.
No additional changes were suggested, and the report was approved by the
House of Delegates and Executive Committee at the February 2008 meeting
in New York City.
The original report and the final report are below.