A law journal article worth reading (short, not too many distracting footnotes) on takings theory.
In Imperfect Takings, 46 Fordham Urban Law Journal 130 (2019), Professor Shai Stern writes about what he calls the “three safeguards” in eminent domain (due process, public use, and mandatory compensation), and how to evaluate the legality of takings when all three are not accomplished perfectly. He argues that his balancing model “allows the government to exercise its expropriation power properly even in imperfect circumstances, while still sufficiently protecting property owners and society from abuse of that power.”
Our thinking: in our experience, none of the bars for the three safeguards are all that high, so we are not convinced this model is new. Because this is what courts already do, no? In Kelo for example, the majority mostly shrugged its shoulders at a stricter reading of the public use requirement because it was