Constitutional Law
Feb. 26, 2025
Kelo: Perhaps a new answer forthcoming?
The Supreme Court may reconsider its 2004 Kelo decision in Bowers Development, LLC v. Oneida County Industrial Development Agency, where a local government condemned land to transfer it to a competing private development project.
Michael M. Berger
Senior Counsel
Manatt, Phelps & Phillips LLP
2049 Century Park East
Los Angeles , CA 90067
Phone: (310) 312-4185
Fax: (310) 996-6968
Email: mmberger@manatt.com
USC Law School
Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where he is co-chair of the Appellate Practice Group. He has argued four takings cases in the U.S. Supreme Court.
Even people who are not deeply into takings law have heard of the Supreme Court's Kelo decision. Just as a reminder, in Kelo v. City of New London, 545 U.S. 469 (2004), the Court held that private property could be condemned (i.e., forcibly taken from one group of property owners) so that it could be transferred to some other property owner who might make a "better" use of the property, at least in the view of local government. To get there, the Court had to dea...
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