Mar. 25, 2026
Kelo: The takings wave that won't stop
Twenty years after Kelo v. City of New London expanded eminent domain to include broad "public purpose," states like Louisiana have pushed back with constitutional limits, as illustrated by the recent rejection of a port authority's attempt to transfer condemned land to a private developer.
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 his practice focuses on appeals with a particular interest in constitutional land use. He has argued four takings cases in the U.S. Supreme Court.
We have now passed the 20th birthday of Kelo
v. City of New London (2005) 545 U.S. 469. It caused a furor when it was decided, and has not stopped making waves in the ensuing two
decades.
For those who need a brief refresher, Kelo is th...
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