SCOTUS rules that cities may take property under eminent domain for private development projects.
Justices Uphold Taking Property for Development – New York Times
Official power to seize land expanded – St. Petersburg Times
In a stunning ruling the high court held that the city of New London, CT can take homes and use the property for private project designed to increase city revenue. Justice Steven writes in the majority opinion:
“Promoting economic development is a traditional and long accepted function of government. There is, moreover, no principled way of distinguishing economic development from the other public purposes that we have recognized,”
I find it odd that he’s unable to distinguish between building a firehouse, police station, school or road and a shopping center, mall, private office complex or bio-tech center. It seems disingenuous at best.
In the dissenting opinion Justice O’Connor said,
“Under the banner of economic development, all private property is now vulnerable to being taken and transferred to another private owner, so long as it might be upgraded.”
This is a disturbing interpretation of public use that is ripe for abuse. This issue will be revisited at some point. It’s only a matter of time before private money in local politics leads to an abusive taking of property. It an unlimited expansion of the definition of public use and strips the meaning from Fifth Amendment protections against takings. Developers with deep pockets win, the municipalities win, but property owner who have committed the crime of being in the way will lose.
