Constitutional law and fracking

The power of eminent domain to take property has been used historically for a recognized public use, such as schools, parks, and other government infrastructure. However, since the 2005 Supreme Court decision in Kelo v. City of New London, eminent domain has been used to take property from one priva...

Full description

Saved in:
Bibliographic Details
Published in:International Journal of Business and Public Administration (IJBPA) 2015, p.25
Main Author: Evers, Pamela S
Format: Report
Language:English
Subjects:
Analysis
Constitutional law
Hydraulic fracturing
Laws, regulations and rules
Oil wells
Right of property
Online Access:Get full text
Tags: Add Tag
No Tags, Be the first to tag this record!
Description
Summary:The power of eminent domain to take property has been used historically for a recognized public use, such as schools, parks, and other government infrastructure. However, since the 2005 Supreme Court decision in Kelo v. City of New London, eminent domain has been used to take property from one private party and transfer to another private party to satisfy a much broader definition of public use such as economic development or increased taxes related to the new use of the property. This expanded power of eminent domain has been used in recent years for hydrofracturing activities. This article examines the constitutional issues of this expanded power of eminent domain and other associated constitutional issues.
ISSN:1547-4844