Article from the NY Times originally:
If a development project fails, is eminent domain reversible?
Project examples are in Connecticut.
"Let's say they have good-faith plans to build a highway and condemn all the houses and then change their mind," he said. "There is no constitutional requirement that they must turn around and sell the land back. It's very unusual for the government to sell the property back to the original owners."
But some lawmakers want to limit condemnation powers to avoid debacles like those that have occurred. Other states are considering laws that would make the government sell property back to people whose houses were purchased through eminent domain if the projects are not started, said Dana Berliner, a lawyer at the Institute for Justice, the Washington law firm that represented the homeowners in the New London case. Maine has already passed such a law, she said.
Mr. Newton, the state senator, said that developers should face penalties when they do not come through with their projects, possibly paying a fine.
Ms. Dillon, the state representative, said the state might need to make the entire eminent domain process more difficult. And, she added, a developer who removes affordable housing should be required to replace it.
Thoughts from cyburbia?