Question Presented (AI Summary)
Does the Public Use Clause require more than minimal rational-basis review when the government takes private property for transfer to a specifically identified private owner?
Question Presented (OCR Extract)
QUESTIONS PRESENTED Kelo v. City of New London, 545 U.S. 469 (2004), held that when the government uses eminent domain to take property from a private owner to give it to a different private owner—where the taking occurs as part of a comprehensive plan and where the identity of the new private owner was unknown at the time of the taking—the taking may be justified by asserted secondary public benefits subject only to minimal rational-basis review. The questions presented are: 1. Does the Public Use Clause require something more than minimal rational-basis review when the government takes land from one private owner to give it to a specifically identified private owner outside the context of a comprehensive plan? 2. Should Kelo be overturned?
2025-03-05
DISTRIBUTED for Conference of 3/21/2025.
2025-02-28
Electronic record received from the Appellate Division, Supreme Court of New York, Fourth Judicial Department.
2025-02-05
DISTRIBUTED for Conference of 2/21/2025.
2025-02-03
Reply of petitioner Bowers Development, LLC filed.
2025-02-03
Reply of Bowers Development, LLC submitted.
2025-01-21
Brief amicus curiae of The Buckeye Institute filed.
2025-01-21
Brief amicus curiae of County of Oneida, New York filed.
2025-01-21
Brief amici curiae of Cato Institute, et al. filed.
2025-01-21
Brief amicus curiae of County of Oneida filed.
2025-01-21
Brief of respondents Oneida County Industrial Development Agency, et al. in opposition filed.
2025-01-21
Amicus brief of The Buckeye Institute submitted.
2025-01-21
Amicus brief of Cato Institute and Professor Ilya Somin submitted.
2025-01-21
Amicus brief of County of Oneida submitted.
2025-01-21
Brief of Oneida County Industrial Development Agency, et al. in opposition submitted.
2024-12-18
Petition for a writ of certiorari filed. (Response due January 21, 2025)