NEW: Kelo may be settled, but courts continue to grapple w/ limits on eminent domain. Drawing on debates from 19th century state conventions, @maureenebrady.com shows how necessity historically structured private-use takings, offering a framework for thinking about public use today & going forward.
statecourtreport.org
The Path Not Taken in Federal Takings Law
Debates from 19th century state conventions explain why some constitutions allow takings for "private use."