kelo v new london - BACKGROUND NOTES EMINENT DOMAIN is the...

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BACKGROUND NOTES EMINENT DOMAIN: is the inherent power of the state to seize a citizen’s private property, expropriate property, or rights in property, without the owner’s consent. CONDEMNATION describes the act of a government exercising its power of eminent domain to transfer title to private property from its private owner to itself. Not to be confused with same term dealing with the declaration that property is unfit for human habitation, which does not deny the owners of the title to the property but requires them to rectify the offending situation or have the government do it for them and bill them for the cost. BERMAN V. PARKER (1954): refined the clause “nor shall private property be taken for public use, without just compensation,” to read that private property could be taken for a PUBLIC PURPOSE with just compensation. The case opens the door for later cases that rule condemnation of property needing economic improvement is a public purpose. HAWAII HOUSING AUTHORITY V. MIDKIFF (1984): held that a state could use eminent domain to take land overwhelmingly concentrated in the hands of landowners and redistribute it to the larger population. KELO et al. V. CITY OF NEW LONDON Facts : By the early millennium, the city of New London had fallen on hard times. Seeing opportunity with the implant of a Pfizer research facility nearby, the city sought to redevelop the Fort Trumbull neighborhood. There were a total of 115 lots to be redeveloped, and the development corporation sought to purchase all 115 of them. However, 9 property owners (15 plots) refused to sell. In reaction, the city of New London exercised its power of eminent
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