ABSTRACT
Both Germany and the US permit government bodies and sometimes private entities to force property owners to sell full or partial title to the government or authorized private entity. At first blush, the US and German laws of expropriation appear quite similar. The legal standards, public purpose and general good, both serve to limit the use of expropriation. One would expect that German courts would not seek to impose limits on expropriation for two reasons. First, since the founding of the modern nation in 1870, Germany has had a strong but benevolent Hobbesian state. Second, the federal states have strong land use planning and regulation. Forty-two of the 50 federal states have passed legislation to limit Kelo. Kelo was denounced by name in the 2016 Republican Party platform, but the decision had already been eroded. The decision set off a fierce, effective, and continuing hostile reaction in many states.
