The Summer 2012 issue of the Urban Lawyer, the law review published quarterly by the ABA’s Section of State and Local Government Law and UMKC law school is now available on-line, and includes an article by Damon Key attorney Robert H. Thomas on the latest developments in public use in eminent domain law.
To download your copy, click here. The article covers the “common carrier” issue from Texas, necessity in private takings, several procedural issues including appealability of a determination that a taking is (or isn’t) for public use, and First Amendment spin-off issues related to eminent domain. (Recent Developments in Eminent Domain: Public Use, 44 Urb. Law. 705 (2012)).