Task Force on Eminent Domain

2007-2008 Report to the Membership

The U.S. Supreme Court in the case ofKelo v. City of New London (545 US 469 [2005]) 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 significant impact.

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.

Related Files

Report of the Task Force on Eminent Domain(PDF File)
Final Eminent Domain Task Force Report(PDF File)