Jim Ely’s article, "Kelo: A Setback for Property Owners," which appeared in the January/February 2006 symposium edition of the American Bar Association’s Probate and Property magazine, has received the magazine’s 2006 Excellence in Writing Award as best overall article focusing on real property.
Professor Ely’s article addresses the implications of what he terms the "profoundly disquieting" decision in the Supreme Court decision in Kelo v. City of New London, handed down in 2005. In a 5-4 vote, the Court upheld the use of eminent domain power for economic development purposes, concluding that the city of New London, Connecticut’s development plan satisfied the "public use" requirement in the Fifth Amendment’s Takings Clause although the land ultimately would be used for private development.