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Justice Harlan argued that the concept of due process of law required fair compensation to be given for any private property seized by the state. In responding to the City of Chicago's claim that due process of law was served merely by allowing the railroad company's grievance to be heard, Harlan stated that satisfying legislative procedure alone is not enough to satisfy due process: "In ...
That view ended in 1896 when, in the Chicago, Burlington & Quincy Railroad Co. v. City of Chicago case, the court held that the eminent domain provisions of the Fifth Amendment were incorporated in the Due Process Clause of the Fourteenth Amendment and thus were now binding on the states, or in other words, when the states take private property ...
In the inverse condemnation context, it is the property owner who sues the government, alleging a taking (or damaging) of property without just compensation. See San Diego Gas & Electric Co. v. City of San Diego, 450 U.S. 621, 638 n.2 (1981) (Justice Brennan dissenting); United States v. Clarke, 445 U.S. 253, 257 (1980); Agins v.
Chicago’s financial forecast is clouded by a $982.4 million budget deficit, and Mayor Brandon Johnson's proposed $300 million property tax hike has stirred up a storm of discontent with council ...
Berman's challenge to the constitutionality of the District of Columbia Redevelopment Act was heard by a special three-judge panel district court. The key issue addressed was the government's ability and scope to take and transfer private property to private developers as part of a project to clear blight from an entire area.
Many circuit courts have said that law enforcement can hold your property for as long as they want. D.C.’s high court decided last week that’s unconstitutional.
The 27-23 vote came just weeks before the end-of-the-year deadline, avoiding what would have been Chicago’s first shutdown of the city government. The mayor needed at least 26 of 50 alders for a ...
The General Motors streetcar conspiracy refers to the convictions of General Motors (GM) and related companies that were involved in the monopolizing of the sale of buses and supplies to National City Lines (NCL) and subsidiaries, as well as to the allegations that the defendants conspired to own or control transit systems, in violation of Section 1 of the Sherman Antitrust Act.