The Land Report

FALL 2015

The Magazine of the American Landowner is an essential guide for investors, landowners, and those interested in buying or selling land. The award-winning quarterly is known for its annual survey of America's largest landowners, The Land Report 100.

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22 The LandReport | FA L L 2 0 1 5 LANDREPORT.COM " There have been numerous reforms, stronger in some states than others, but it's m uch more constrained than years ago," says Professor Ilya Somin at George Mason University School of Law. Somin published an analysis of the Kelo case in his book The G rasping Hand: Kelo v. New London and the Limits of Eminent Domain. "It also led to the breakdown of previous public consensus. Whereas before most experts thought a broad use of eminent domain was the consensus, they now know that it's not." Although eminent domain abuse is less common, pockets still exist, such as a case in Atlantic City that IJ is working on. "We might see an uptick because commercial real estate is coming back, and government wants to up the tax benefits of that," Bullock says. Somin and Bullock agree that the effects of the Kelo decision could become more limited. "There's a good likelihood that in 10 to 15 years, a pretext case will make it to the Supreme Court, and it will involve Kelo case consideration," Somin says. There's even talk about turning the razed Fort Trumbull homesites into a park. Says Somin, "There's still a lot of work to be done, but we are moving in the right direction." — Corinne Garcia INSTITUTE FOR JUSTICE A film about Susette Kelo's courageous battle against the City of New London goes into production this fall and is expected to be released in 2016. Read more at

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