Thursday - June 23, 2005
SCOTUS: Land Snatching Approved
The Supreme Court today ruled on a case we reported on back in February (Part I) and March (Part II) involving a town seizing a person’s property to make way for development projects, or “imminent domain” as it is referred to ....
WASHINGTON - The Supreme Court on Thursday ruled that local governments may seize people’s homes and businesses — even against their will — for private economic development.
It was a decision fraught with huge implications for a country with many areas, particularly the rapidly growing urban and suburban areas, facing countervailing pressures of development and property ownership rights.
The 5-4 ruling represented a defeat for some Connecticut residents whose homes are slated for destruction to make room for an office complex. They argued that cities have no right to take their land except for projects with a clear public use, such as roads or schools, or to revitalize blighted areas.
As a result, cities now have wide power to bulldoze residences for projects such as shopping malls and hotel complexes in order to generate tax revenue.
Local officials, not federal judges, know best in deciding whether a development project will benefit the community, justices 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,” Justice John Paul Stevens wrote for the majority. He was joined by Justice Anthony Kennedy, David H. Souter, Ruth Bader Ginsburg and Stephen G. Breyer.
At issue was the scope of the Fifth Amendment, which allows governments to take private property through eminent domain if the land is for “public use.”
Susette Kelo and several other homeowners in a working-class neighborhood in New London, Conn., filed suit after city officials announced plans to raze their homes for a riverfront hotel, health club and offices.
New London officials countered that the private development plans served a public purpose of boosting economic growth that outweighed the homeowners’ property rights, even if the area wasn’t blighted.
Posted by The Skipper
on 06/23/2005 at 11:23 AM
Filed Under: • Judges-Courts-Lawyers • Outrageous •
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