Restitution, Eminent Domain, and Economic Development: Moving to a Gains-Based Conception of the Takings Clause.

The article examines awarding a share in the gains to takees in the context of economic development projects. It also examines the current measures of compensation and considers justifications for awarding after value in the economic development context. It also discusses the need for a new conception of the Takings Clause in the context of economic development condemnations. In a 5-4 decision in Kelo v. City of New London, The U.S. Supreme Court has held that economic development is a "public purpose" for which a government may use its eminent domain power under the Takings Clause of the U.S. Constitution.