Planners Book Club

The Good News About Takings was the first selection of APA's new Planners Book Club.

In January, planners and officials in communities across the country got together to discuss The Good News About Takings. Eminent domain and regulatory takings have been hot topics — on the news, at the ballot box, and in state legislatures — since the U.S. Supreme Court issued its ruling in Kelo v. City of New London in 2005. The Good News About Takings explains the impact of this decision and provides valuable insight into the landmark cases that preceded it. This plain-English guide to takings law will help planners and government officials confronted with ballot initiatives and legislation on eminent domain and takings.

Here are some questions to get you started discussing the book with colleagues.

Did the Supreme Court's decision in Kelo differ significantly from the precedents set by earlier cases?

Is Kelo or Lingle more likely to affect the day-to-day work of planners and commissioners?

How have the media and various organizations that influence policy shaped the debate over Kelo? How has the debate affected your community and policymakers' decision-making processes?

When will a land-use regulation be considered a taking under the Fifth Amendment?

What is the police power?

What is the difference between a condemnation exercised throught the power of eminent domain and inverse condemnation?

What is the whole parcel rule?

How can planners and commissioners avoid a regulatory takings?

Under what circumstances does the per se rule apply?

When does a government compensate a property owner for taking property?

Why did the Supreme Court abandon the "substantially advances" test in its Lingle decision?

What is the good news about takings?

More about The Good News About Takings

Supplemental Readings
Check out these books and articles for more information about takings and eminent domain.

The Four Supreme Court Land-Use Decisions of 2005
Of special interest are chapters one and two, highlighting Kelo v. City of New London and Lingle v. Chevron with overviews of the facts, the Supreme Court's opinions, the amicus curiae briefs filed by the APA, and commentaries on the decisions.

The Land We Share
A singularly readable book that brings life to the legal construct of private property. The author traces the history of property rights, placing it within a legal and moral context, and proposes a new solutions for the 21st century.

Private Property in the 21st Century
A collection of essays examining property rights within a philosophical, legal, and economic framework. Authors include Jerold Kayden, William Fischel, Robert Nelson, and Donald Krueckeberg. Editor Harvey Jacobs provides a closing essay examining the future of private property in the 21st century.

"Eminent Domain: Judicial and Legislative Responses to Kelo" from the November 2006 Planning & Environmental Law
Planning & Environmental Law Subscribers: Log into PEL Online to read this article.
A review of post-Kelo land-use decisions, focusing on City of Norwood v. Horney.

"What Is Land? A Broad Look at Private Rights and Public Power" from the June 2006 Planning & Environmental Law
Planning & Environmental Law Subscribers: Log into PEL Online to read this article.
A summary of private property and property rights by noted land-use law expert Eric Freyfogle. Includes "The Landowner's Bill of Rights."