In this Essay, Attorney Hollister reflects on more than thirty years of involvement with eminent domain in Connecticut, primarily representing property owners. He asserts that Kelo was correctly decided, but notes that the exercise of eminent domain is ripe for misuse, and thus property owners require advocacy and judicial oversight to protect their rights. He summarizes Connecticut eminent domain procedure and analyzes the General Assembly’s 2007 Kelo-inspired amendments. The Essay then explains the importance in Connecticut of conducting a separate state law analysis of property owner rights when challenging eminent domain, particularly with regard to the “necessity” of the taking. The Essay discusses Emery v. City of Middletown, the first court case to test a municipality’s compliance with the 2007 amendments and in which Attorney Hollister, representing the property owner, obtained an injunction against the city’s proposed taking.
Hollister, Timothy S., "Who Cares What the Pundits Think of Kelo Commentary Essays" (2016). Connecticut Law Review. 334.