Since the Supreme Court approved of economic growth as a proper public use to support the exercise of eminent domain power to take privately-owned property in Kelo v. City of New London, state legislatures across the country have been reviewing and revising their eminent domain statutes. Private property owners have urged states to protect their rights by adopting a more restrictive interpretation of public use, while municipalities have argued that broad eminent domain powers allow the government to serve the best interest of the public in an efficient and cost effective manner. In Illinois, the state legislature attempted to strike a balance between these two opposing positions by passing the Equity in Eminent Domain Act. This note examines the public use provisions of the Act in light of United States Supreme Court and Illinois Supreme Court precedents, and then suggests that a new definition of blight is required in order to ensure that the goals of the Act are accomplished.
Jedediah B. Forkner,
Is the Illinois Equity in Eminent Domain Act Truly Equitable?,
Chi.-Kent L. Rev.
Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol83/iss2/20