Nothing 'Errant' About it: The Berman and Midkiff Conference Notes and How the Supreme Court Got to Kelo With its Eyes Wide Open

Barros, Benjamin

doi:10.2139/ssrn.902926

Cited by 1 publication

(2 citation statements)

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“…O'Connor J's explanation for arriving at a decision, which appeared to contradict Her Honour's earlier position, has been criticised as unconvincing (Barros 2007). A more convincing argument may have been that, with the benefit of hindsight, the decisions in Midkiff and Berman wrongly interpreted the 'public use' requirement broadly, rather than the decision being 'errant' (Barros 2007).…”

Section: Kelo V City Of New London 545 Us 469 (2005)mentioning

confidence: 99%

“…By way of contrast, the dissenting judges, O'Connor and Thomas J disagreed that the acquisitions were valid. O'Connor J specifically rejected Her Honour's own earlier decision in Midkiff concluding that the broad language of the decision was "errant" (Kelo cited in Barros 2007). Her Honour upheld the limitation on compulsory acquisition powers for private-to-private transfers to circumstances where it is necessary to remove blight or to correct "widespread social injustice" (Kelo cited in Rutkow 2006).…”

Section: Kelo V City Of New London 545 Us 469 (2005)mentioning

confidence: 99%

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Holdouts, Site Amalgamations and Renewal of Urban Areas: A Call for Legislative Reform

Pocock

2012

SSRN Journal

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Developers play a key role in the development of housing for Australian communities. However, composing a site is a complex and intricate process because owners 'hold out' to achieve maximum possible prices. This paper proposes that legislative reform is necessary to aid in housing renewal. Housing renewal may counteract problems of land scarcity, population growth, ageing buildings and urban sprawl. Compulsory acquisition case law in Australia and the United States is compared to identify a viable option for legislative reform. Two proposals are suggested that may assist housing renewal, drawing upon advantages and learning from the mistakes of American experience.

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Section: Kelo V City Of New London 545 Us 469 (2005)mentioning

confidence: 99%

Section: Kelo V City Of New London 545 Us 469 (2005)mentioning

confidence: 99%