The Supreme Court agreed Tuesday to decide when local governments may seize people's homes and businesses against their will to make way for projects like shopping malls and hotel complexes that produce more tax revenue.
The court already has given governments broad power to take private property through eminent domain, provided the owner is given "just compensation." This often involves blighted neighborhoods residents are eager to leave.
Daniel Mandelker, a law professor specializing in land use at Washington University School of Law, said towns have legitimate reasons to take property, but the high court should redefine their limits.
But in recent years more cities and towns have been accused of abusing their authority, razing nice homes to make way for parking lots for casinos and other tax-producing businesses.
"If you own a home, if you own a small business, this could directly affect you," said Scott Bullock, senior attorney for the Institute for Justice, a Washington public interest law firm representing the land owners.
In agreeing to hear a Connecticut case early next year, justices will revisit an issue they last dealt with 20 years ago. The court unanimously ruled then that Hawaii could take land from large property owners and resell it to others, and determined that decisions about takings were best left to elected leaders.
| • | Court takes on question of seizing land
Associated Press Online, Tuesday, Sept. 28, 2004 Byline: Gina Holland |
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| • | US High Court To Rule When Cities Can Seize Private Land
Wall Street Journal, Tuesday, Sept. 28, 2004 Byline: Dow Jones Newswires |
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