Justices Affirm Property Seizures: 5-4 Ruling Backs Forced Sales for Private Development

Home| Sitemap | Contact Us

Justices Affirm Property Seizures: 5-4 Ruling Backs Forced Sales for Private Development
By: Charles Lane Washington Post, page A01
27 June 2005
 

The Supreme Court ruled yesterday that local governments may force property owners to sell out and make way for private economic development when officials decide it would benefit the public, even if the property is not blighted and the new project’s success is not guaranteed.

The 5 to 4 ruling provided the strong affirmation that state and local governments had sought for their increasing use of eminent domain for urban revitalization, especially in the Northeast, where many city centers have decayed and the suburban land supply is dwindling.

Opponents, including property-rights activists and advocates for elderly and low-income urban residents, argued that forcibly shifting land from one private owner to another, even with fair compensation, violates the Fifth Amendment to the Constitution, which prohibits the taking of property by government except for "public use."

But Justice John Paul Stevens, writing for the majority, cited cases in which the court has interpreted "public use" to include not only such traditional projects as bridges or highways but also slum clearance and land redistribution. He concluded that a "public purpose" such as creating jobs in a depressed city can also satisfy the Fifth Amendment.

The court should not "second-guess" local governments, Stevens added, noting that "[p]romoting economic development is a traditional and long accepted function of government."

Stevens’s opinion provoked a strongly worded dissent from Justice Sandra Day O’Connor, who wrote that the ruling favors the most powerful and influential in society and leaves small property owners little recourse. Now, she wrote, the "specter of condemnation hangs over all property. Nothing is to prevent the State from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory."

D.C. Mayor Anthony A. Williams, who serves as president of the National League of Cities, issued a statement praising the court for upholding "one of the most powerful tools city officials have to re

Themes
• Access to natural resources
• Access to natural resources
• Access to natural resources
• Accompanying social processes
• Accompanying social processes
• Adverse possession
• Advocacy
• Advocacy
• Advocacy
• Architecture
• Architecture
• Armed / ethnic conflict
• Armed / ethnic conflict
• Basic services
• Basic services
• Basic services
• Children
• Children
• Commodification
• Commodification
• Cultural Heritage
• Cultural Heritage
• Demographic manipulation
• Destruction of habitat
• Destruction of habitat
• Destruction of habitat
• Disability
• Disability
• Disaster mitigation
• Disaster mitigation
• Discrimination
• Discrimination
• Discrimination
• Displaced
• Displaced
• Displaced
• Displacement
• Displacement
• Displacement
• Dispossession
• Dispossession
• Dispossession
• Education
• Education
• Elderly
• Elderly
• Energy
• Energy
• Epidemics, diseases
• Epidemics, diseases
• ESC rights
• ESC rights
• ESC rights
• Extraterritorial obligations
• Extraterritorial obligations
• Fact finding mission/field research
• Farmers/Peasants
• Financialization
• Financialization
• Financialization
• Food (rights, sovereignty, crisis)
• Food (rights, sovereignty, crisis)
• Forced evictions
• Forced evictions
• Forced evictions
• Gentrification
• Gentrification
• Health
• Health
• Historic heritage sites
• Historic heritage sites
• Homeless
• Homeless
• Homeless
• Housing crisis
• Housing rights
• Housing rights
• Housing rights
• Human rights
• Human rights
• Human rights
• Immigrants
• Immigrants
• Indigenous peoples
• Indigenous peoples
• Informal settlements
• Internal migrants
• Internal migrants
• Internal migrants
• Land rights
• Landless
• Legal frameworks
• Legal frameworks
• Legal frameworks
• Livelihoods
• Local Governance
• Local Governance
• Local Governance
• Low income
• Norms and standards
• Norms and standards
• Norms and standards
• Property rights
• Public policies
• Public policies
• Public policies
• Public programs and budgets
• Public programs and budgets
• Public programs and budgets
• Refugees
• Refugees
• Religious
• Religious
• Reparations / restitution of rights
• Research
• Research
• Right to the city
• Right to the city
• Security of tenure
• Security of tenure
• Security of tenure
• Stateless
• Stateless
• Subsidies
• Subsidies
• Temporary shelter
• Temporary shelter
• Tenants
• Tenants
• UN system
• UN system
• UN system
• Unemployed
• Unemployed
• Urban planning
• Urban planning
• Water&sanitation
• Water&sanitation
• Women
• Women
• Youth
• Youth

HLRN Publications

Land Times



All rights reserved to HIC-HLRN -Disclaimer