TREND. Swing States Unite for Property Rights. Private Entities Be Wary.

Which 2 swing states are propping up property rights? PA in Robinson Township v. Commonwealth & OH in Kinder Morgan utopia v. PDB Farms 

How are these states at the forefront of property rights trend? Courts in each of the state’s have denied private businesses from using eminent domain when no public benefit exists

What’s the kicker on public benefit? Both of the projects denied eminent domain authority were moving goods over a common carrier to Canada with no facilities in the state in which eminent domain was sought

What to watch: 

• Do these lead to overturning Kelo as we’re dealing with economic interests in each case?
• Do these cases give rise to more suits against private companies utilizing eminent domain as a pretext for profit making?

Washington Post | Volokh Conspiracy | Victories for property rights in Pennsylvania and Ohio state courts