DRAFT PAPER SAYS KELO MAY CAUSE ENVIRONMENTAL HARM TO PRIVATE LAND

O PRIVATE LAND The Supreme Court's controversial Kelo decision upholding local governments' power to use eminent domain to acquire property for economic development could have the unintended consequence of undermining environmental protection of privately owned lands, according to a legal analysis being circulated by two law professors. While the Kelo decision has generated backlash from a host of lawmakers and property rights activists seeking to curb local governments' powers of eminent domain, it has generally drawn praise from environmentalists, who...