Post-Kelo Reforms: Far From ‘Phony’
Since the U.S. Supreme Court’s decision in Kelo v. City of New London, California has enacted significant reforms to protect property owners. This article explores these new protections while still providing cities and redevelopment agencies with eminent domain to revitalize deteriorated and blighted areas.
“But, with three significant changes by the Legislature in 2006, those days are gone. First, unless a redevelopment agency states in writing that the development, redevelopment or public use of the property is scheduled to begin with two years, the agency now has an affirmative obligation to offer a one-year leaseback of the property to the landowner. This leaseback option must be offered annually unless, again, the agency can state in writing that the redevelopment project is scheduled to begin with two years.”
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Published in the Daily Journal, December 7, 2009
Posted with the permission of Daily Journal Corporation, 2009.