WASHINGTON — The Supreme Court ruled Thursday that
governments can seize property to make room for
private development projects to try to boost the
economy. ( Video:
Cities can seize homes)
The 5-4 ruling gave the court's
blessing to cities across the USA that have sought to
use their powers of eminent domain not just to clear the
way for public projects such as roads and parks, but
also for private developments involving hotels, offices
and retail centers. The justices rejected a challenge by
homeowners in New London, Conn., who fought the city's
plans to take their property for such a project along
the Thames River. (Related:
Court's opinion)
The ruling drew a sharp dissent
from Justice Sandra Day O'Connor, who warned that it
will allow governments to seize any property simply to
allow developers to upgrade it. "Nothing is to prevent
the state from replacing any Motel 6 with a
Ritz-Carlton, any home with a shopping mall," said
O'Connor, who was joined by Chief Justice William
Rehnquist and Justices Antonin Scalia and Clarence
Thomas in a dissent that emphasized property owners'
rights.
The case was a key test of such
rights, and of how far governments can go in trying to
revitalize areas. Previously, the court had upheld
governments' authority to condemn blighted property for
redevelopment, a tactic used in rejuvenating New York
City's Times Square and Baltimore's Inner Harbor.
Thursday's decision was the first time the court ruled
on whether governments could seize non-blighted land for
economic development. (Related story:
Seizures must be in public interest)
The Constitution's Fifth
Amendment allows government to take property as long as
"just compensation" is paid and the property is
converted to a "public use." The dispute in Thursday's
case was over whether seizing land for private economic
development is a legitimate public use.
Susette Kelo and the other owners
of 15 homes in New London challenged the plan to take
their property for a project that will include a hotel,
office complexes and a marina. The project is intended
to complement a Pfizer research plant nearby. Kelo's
lawyers urged the court to find that cities cannot seize
land that is not blighted for private development.
The court's majority said,
however, that past high court rulings give local
officials wide latitude in using eminent domain.
"Promoting economic development is a ... long-accepted
function of government," Justice John Paul Stevens
wrote. He noted that the project was expected to create
jobs and increase tax revenue.
The majority included the court's
four more liberal justices. The key fifth vote was
Justice Anthony Kennedy, a conservative at the court's
ideological center. He said judges reviewing challenges
to property seizures should presume that local officials
acted reasonably — but that they should make sure that
such seizures don't merely reflect favoritism toward
developers.
Daniel Krisch, a lawyer for New
London, said hearings were held on the project over
several years. Kelo countered: "I am very disappointed
that the court sided with powerful government and
business interests." |