Pretextual Takings

Is a Pretextual Taking Invalid? Not if you say it is for a park.

By Ross Greene|2024-03-26T02:45:03+00:00March 26th, 2024|Eminent Domain, New York, Pretextual Takings, Second Circuit|

The first paragraph in Brinkmann v. Town of Southold, 2024 U.S. App. LEXIS 5994 (2nd Cir. 2024), may have gotten some takings mavens excited about pretextual takings, when the court stated The Defendant Town of Southold ("Southold" or the "Town") authorized the creation of a park on a parcel to be taken by eminent domain [...]

Supreme Court Rejects Appeal Meant to Limit Kelo

Ever since the Supreme Court decided that economic development was a “public use” for which land could be taken by eminent domain under the Fifth Amendment in the controversial case of Kelo v. City of New London, 545 U.S. 469 (2005), the landowner bar and property rights interest groups have been searching for cases to [...]

March 2024

Is a Pretextual Taking Invalid? Not if you say it is for a park.

April 2020

Supreme Court Rejects Appeal Meant to Limit Kelo