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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.
City of New London, which blessed the use of eminent domain to promote economic development by transferring property from one private owner to another. Bowers' case offers the justices another ...
The case gives the Supreme Court an opportunity to revisit a widely reviled decision that invited such eminent domain abuses. The Government Took a Developer's Land and Gave It to a Competitor. In ...
Most states, including Tennessee, have easement laws, which allow someone to claim use of private property for a specific purpose. For example, if your driveway veers onto a neighbor's land, a new ...
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 ...
Knick v. Township of Scott, Pennsylvania, No. 17-647, 588 U.S. ___ (2019), was a case before the Supreme Court of the United States dealing with compensation for private property owners when the use of that property is taken from them by state or local governments, under the Due Process Clause and the Takings Clause of the Fifth Amendment to the United States Constitution.
The Brewers received a 30-day notice to vacate their home back in 2018 after it was seized by the state through eminent domain — which is when governments take over private property for public use.
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 ...