ABA Government Law News

State and Local

A 60-Second Update on What’s Happening

Vol. 1 # 6, October, 2004

Cases before the Supreme Court this term include:

Fifth Amendment Public Use: Whether a city's condemnation of land for the benefit of a private party to spark redevelopment and increase tax revenues is a public use. Kelo v. City of New London, 843 A.2d 500 (Conn.2004).

Regulatory Takings: Whether the "substantially advances a legitimate state interest" test is properly a Fifth Amendment takings issue or a Fourteenth Amendment substantive due process issue. Lingle v. Chevron USA

Telecommunications Act: Rancho Palos Verdes v. Abrams, 354 F.3d 1094 (9th Cir.2004): Whether damages can be awarded against a city for a zoning denial that violates the Telecommunications Act of 1996.

Abandoned and vacant land produces a loss in tax revenues and many other problems. The National Vacant Properties Campaign provides ideas and tools to prevent, manage, and rehabilitate such properties.

Demand is up for blighted land: Business Week Online reports that land scarcities in their customary bailiwick are driving suburban builders to develop blighted downtown lands even though they are likely to face more regulations and have to obtain more approvals.

Procurement Teleconference Rescheduled: The CLE teleconference on obstacles and opportunities in state and local bid protests that the Section is co-sponsoring with the Section on Public Contract Law will be Nov. 17. An email will be sent out, but in the meantime, see

Private sidewalk a Public Forum: The sidewalk of the Cleveland Indians baseball stadium, which appeared and was used as a public sidewalk, was held to be a public forum in United Church of Christ v. Gateway Economic Development.