Supremes Expand Eminent Domain Powers
Thursday June 23, 2005
If your city decides that there might be
more taxes collected if your property could be "upgraded" via eminent domain
... the Supremes (5-4) say to your local government: "be our guest."
This is unconscionable.
Writing for the majority, in Kelo v New London, Justice John Paul Stevens said:
Updated: 4.10 pm PDT
In essence, the Court invalidated a federal definition of public use under the Fifth Amendment in favor of individual state decisions. The Chrisitan Science Monitor reports that eight states explicitly prohibt actions such as that in Connecticut -- using state power to "take" land from a citizen under the guise of economic development and then hand the land to a private entity:
See also
This is unconscionable.
Writing for the majority, in Kelo v New London, Justice John Paul Stevens said:
The city has carefully formulated an economic development that it believes will provide appreciable benefits to the community, including — but by no means limited to — new jobs and increased tax revenue.His ruling mirrors the city rhetoric from oral arguments made in February:
In Kelo, defense counsel was asked [during oral arguments] whether higher tax revenue could justify any property seizure as in the public interest — say, that of a Motel 6 to make way for a Ritz-Carlton. Yes, he responded, if the difference is significant. But by that standard, nearly every piece of private property is effectively in play, at the whims of city planners.Chief Justice William Rehnquist and Justices Sandra Day O'Connor, Antonin Scalia and Clarence Thomas dissented. Discuss and vote in our forum.
Updated: 4.10 pm PDT
In essence, the Court invalidated a federal definition of public use under the Fifth Amendment in favor of individual state decisions. The Chrisitan Science Monitor reports that eight states explicitly prohibt actions such as that in Connecticut -- using state power to "take" land from a citizen under the guise of economic development and then hand the land to a private entity:
Arkansas, Florida, Illinois, Kentucky, Maine, Michigan, South Carolina and Washington.And six have ruled that acts like Connecticut's are a public use:
Connecticut, Kansas, Maryland, Minnesota, New York and North Dakota.
See also
- Connecticut Supreme Court Decision (pdf)
- US Supreme Court, Oral Arguments - 22 Feb 2005 (pdf)
- US Supreme Court Decision (Cornell)
- Find Law Resources
- NPR (Real Audio)