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lo vs. New London case and it's impacted of state legislation. His observation was that the decision made by the Supreme Court in Kelo vs. New London has forced states to observe their own eminent domain practices.

In agreement about the tentative nature of eminent domain, Anne Barton who is the deputy director of the division of planning and development in Lowell, Massachusetts, suggest that guidelines be administered when using eminent domain for the purpose of “urban revitalization”. She argues that there is a minimum of five considerations that should be taken into account when justifying the use of eminent domain for the purpose of blight removal.

The first is the “design that respects neighborhood character”. This states that the difference between successful eminent domain development plans and unsuccessful eminent domain development plans is the approach of large change instead of small incremental changes with respect to the surrounding area. The second consideration is the idea of a community advisory committee. A committee is a necessary tool needed to assess which neighborhood development plan is the most applicable. The third component is the “fairness to property owners and tenants”. This component is used to ease the transition of a “takings”. It shows respect to the owner and tenants of the land by informing them of the development before information is leaked into the public.

The forth element is the “financial and political commitment to carry out the plan” component. This shows that commitment is necessary if a development plan is to be successful. The final consideration is the idea of “political accountability”. Barton believes that when a government body invokes a power as serious as eminent domain the government needs to demonstrate to their voters that the government is accountable to them. Barton believes these steps are necessary because of the nature of eminent domain and the power it gives to the government. She writes:

When arguing against the use of eminent domain the argument concludes to two questions. The first being “does the “takings” fulfill the “public use” requirement of eminent domain?” and the second asking “does the “takings” fulfill the “just compensation” requirement of eminent domain?”

An article in the Columba Law Review, “The Uselessness of Public Use”, writes against the “public use” argument of eminent domain. Primarily, the use of “public use” found within the Kelo vs. New London Supreme Court decision. The writers of the review felt that the use of “public use” was broadly understood and should find a more narrow interpretation. The basis of their argument was that by interpreting the “public use” clause of eminent domain violates the state of private property and creates a danger towards it s stability. The writers also allude to the idea that the focus of “public use” has made the just compensation feature of eminent domain undesirable in situation were jut compensation would be the best possible outcome.

The argument against eminent domain under the “just compensation” clause is an argument not used as frequently as the “public use” clause. Creating an appeal against a takings under “just compensation” clause has proven to be a more difficult argument to make because the “just compensation” argument is essentially quantifiable. The majority of the time the disagreement is not what is just compens