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Publius: The Journal of Federalism Advance Access originally published online on March 10, 2008
Publius: The Journal of Federalism 2008 38(3):556-575; doi:10.1093/publius/pjn006
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© The Author 2008. Published by Oxford University Press on behalf of CSF Associates: Publius, Inc. All rights reserved. For permissions, please email: journals.permissions@oxfordjournals.org.

At the Invitation of the Court: Eminent Domain Reform in State Legislatures in the Wake of the Kelo Decision

Elaine B. Sharp* and Donald Haider-Markel*
*University of Kansas; E-mail: esharp{at}ku.edu

The Supreme Court's 2005 Kelo decision upholding a condemnation of private property for economic development purposes sparked a wave of reform legislation in state legislatures. However, there is considerable variation in the extent to which state legislatures restricted the power of eminent domain. This article seeks to account for this variation. It tests hypotheses drawn from the literature on state responses to Supreme Court decisions and research on factors shaping state policy change in the wake of federal actions more generally. The results show support for an organized interests explanation, a need/scope of the problem explanation, and some elements of an explanation featuring institutional characteristics of the state legislature; there are mixed findings with respect to the role of public ideology.


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