Supreme Court considers limits to eminent domain Wednesday, February 23, 2005 Earlier this week, the U.S. Supreme Court heard arguments in the case of residents of New London, CT who are challenging the city's use of eminent domain authority. The residents live on land that the city would like to clear for a developer with to build a convention center and mixed use development. Specifically, the question presented to the Court is: What protection does the Fifth Amendment's public use requirement provide for individuals whose property is being condemned, not to eliminate slums or blight, but for the sole purpose of "economic development" that will perhaps increase tax revenues and improve the local economy? The decision in the case may increase the standard of "public use" that must be met before a local government can exercise eminent domain. Learn more. A decision is likely in June. In 1954, the Supreme Court decided the case of Berman v. Parker, in which the Court allowed the District of Columbia to use eminent domain authority to clear slums. State courts have used the Berman case to expand the definition of "public use" to include economic development projects. In 1981, the Michigan Supreme Court decided that a local government met the "public use" standard of the Fifth Amendment in the case of a project to build a General Motors plant. In 2004, the Michigan Supreme Court overturned this decision. The Court decided that Wayne County could not use eminent domain to consolidate control over 1,200 acres for a private development near the airport. Learn more. This issue has direct impact on EDPros, especially those working in downtowns. For example, in Lincoln, NE, a hotel developer wants the city to use eminent domain to clear land for a new hotel. Read more. posted by Ed Morrison |		This work is licensed under a Creative Commons License. links Some Background on EDPro Weblog The purpose of this weblog is to help economic development professionals -- EDPros -- keep up with the changes sweeping our profession. Strap on your goggles. It's a whole new game. There are no experts any more. The only place to learn about economic development is from other EDPros who are doing it. One other point: the prevaling approach (paradigm, if you like) in economic development is shifting from competition to collaboration. There are a lot of reaasons underlying this shift, but here's the important insight: You, your community, and your region will do better by collaborating and sharing information. So, spread the word...Share the knowledge. Tell a friend about EDPro Weblog. If you are using a news reader, here is the link to syndicate this site: Here's the link if you are a bloglines subscriber: Speaking and workshops on Open Source Economic Development As the idea of Open Source Economic Development starts spreading, more people are asking about it. Visit the I-Open web site to learn more. My colleagues and I are happy to explain the basic concepts in a talk or a workshop. E-mail Susan Alshuler if you'd like to learn more about workshops and speaking. Background on Ed Morrison Download some background information on me here.

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