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Kelo v. City of New London, 545 U.S. 469 (2005), [1] was a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that the use of eminent domain to transfer land from one private owner to another private owner to further economic development does not violate the Takings Clause of the Fifth Amendment.
In this case, the court said, "the acquisition of the property will serve the public use of mitigating parking and traffic congestion." That sort of reasoning, Bowers argues, is suspect even under ...
The case laid the foundation for the Court's later important public use cases, Hawaii Housing Authority v. Midkiff, 467 U.S. 229 (1984) and Kelo v. City of New London, 545 U.S. 469 (2005). Critics of recent occurrences of eminent domain uses trace what they view as property rights violations to this case.
PennEast Pipeline Co. v. New Jersey, 594 U.S. ___ (2021), was a United States Supreme Court case dealing with the sovereign immunity of states to delegated powers of eminent domain granted to private companies from federal agencies, in the specific case, acquiring property for the right-of-way to build a natural gas pipeline. The Court, in a 5 ...
Some of the most contentious, emotionally charged debates during the 2024 South Dakota legislative session have been about property rights and whether a private company can use eminent domain to ...
Eminent domain claims can make the case that your property would better serve the public if it was not yours, but rather everyone’s. Turnpike's land seizure, other eminent domain acts could mean ...
City of New London, 545 U.S. 469 (2005) went a step further and affirmed the authority of New London, Connecticut, to take non-blighted private property by eminent domain, and then transfer it for a dollar a year to a private developer solely for the purpose of increasing municipal revenues. This 5–4 decision received heavy press coverage and ...
Alan Ackerman, a Birmingham-based eminent domain attorney, said that in these cases, properties are individually appraised and the city must make a good-faith offer, which could be challenged by ...