Florence Owner 1, LLC v. Duke Energy Kentucky, Inc.

When states, like Kentucky, want to take private land for public use, they must only take what is “necessary” for that public use. But who gets to decide what is necessary? Unsurprisingly, condemnors, like Duke Energy, want the unchecked right to make that determination and take whatever property it wants.

The Institute for Justice files an amicus brief explaining that courts—not the condemnor—must determine, with real evidence, what is “necessary” for a public use project.