Devonai
Member
Here's a story a buddy of mine forwarded to me:
http://story.news.yahoo.com/news?tm...atoday/justicestakeeminentdomaincase&e=3&ncid
By Joan Biskupic, USA TODAY
The Supreme Court said Tuesday that it will decide whether cities can seize a person's property and transfer it to private developers whose projects could boost an ailing local economy.
The appeal from seven property owners in New London, Conn., who are trying to keep their homes in the face of an economic revitalization effort along the Thames River, was one of eight cases the court added for the annual term that begins Monday. The justices have 49 cases scheduled for arguments and will add about 30 more as the term unfolds over the next nine months.
The New London dispute touches on a controversial issue that has been simmering in several states, as local governments have sought new sources of tax revenue. Traditionally, governments have used their eminent-domain powers to condemn - and then improve - blighted areas. But governments increasingly have sought to take property that is not in a slum, but that nonetheless could be used in a private redevelopment plan.
The eminent-domain power flows from the Constitution's Fifth Amendment, which allows government to take private property for "public use" and requires "just compensation." The new case focuses on the breadth of the "public use" phrase, and whether a condemnation violates property rights when it is not to eliminate blight and instead is for economic development.
Larry Morandi, environmental program director for the National Conference of State Legislatures, says that "tough economic times and (efforts) to make urban areas more vital" have led local governments to broadly interpret their "public use" power - and spurred new complaints from property rights advocates. He says that about a dozen state legislatures have considered proposals to limit local authorities from using eminent domain for private development.
As a result, Kelo vs. City of New London could be among the closest-watched cases of the Supreme Court's 2004-05 term.
The Connecticut Supreme Court ruled that New London had a valid public use to justify eminent domain, based on the thousands of jobs and significant revenue that officials project would be generated by the redevelopment on a 90-acre parcel. New London's plan would include a waterfront hotel and conference center, office space and 80 residential properties. It is intended to take advantage of a decision by pharmaceutical giant Pfizer to build a research facility nearby.
Lawyer Wesley Horton, who represents New London and the New London Development Corp., says the city's decision to try to clear the land for redevelopment stemmed from its "dire economic straits" and "concern for the economic welfare of New London."
In their appeal, the homeowners say they "seek to stop the use of eminent domain to take away their most sacred and important of possessions: their homes."
Together, the seven holdout property owners possess 15 parcels. Their neighborhood originally had about 115 parcels, a mix of homes and small businesses.
Scott Bullock, of the Washington-based Institute for Justice, which represents the owners, says that if the justices adopt the Connecticut court's reasoning, any home or small business could be condemned and replaced by a project that produces more tax revenue.
Separately Tuesday, the court said it will decide:
• Whether the Americans with Disabilities Act forbids foreign cruise ships that operate in U.S. waters from discriminating against people in wheelchairs by, for example, charging them higher fares and limiting their services. The ADA protects disabled people against bias in public accommodations and transportation services; a U.S. appeals court ruled that the law could not be used against foreign cruise lines. The case is Spector vs. Norwegian Cruise Line.
• Whether the free-speech rights of a disgruntled former client of Los Angeles lawyer Johnnie Cochran were violated when a judge ordered the client to stop picketing in front of Cochran's office and to stop any criticism of Cochran in public. The case is Tory vs. Cochran.
http://story.news.yahoo.com/news?tm...atoday/justicestakeeminentdomaincase&e=3&ncid
By Joan Biskupic, USA TODAY
The Supreme Court said Tuesday that it will decide whether cities can seize a person's property and transfer it to private developers whose projects could boost an ailing local economy.
The appeal from seven property owners in New London, Conn., who are trying to keep their homes in the face of an economic revitalization effort along the Thames River, was one of eight cases the court added for the annual term that begins Monday. The justices have 49 cases scheduled for arguments and will add about 30 more as the term unfolds over the next nine months.
The New London dispute touches on a controversial issue that has been simmering in several states, as local governments have sought new sources of tax revenue. Traditionally, governments have used their eminent-domain powers to condemn - and then improve - blighted areas. But governments increasingly have sought to take property that is not in a slum, but that nonetheless could be used in a private redevelopment plan.
The eminent-domain power flows from the Constitution's Fifth Amendment, which allows government to take private property for "public use" and requires "just compensation." The new case focuses on the breadth of the "public use" phrase, and whether a condemnation violates property rights when it is not to eliminate blight and instead is for economic development.
Larry Morandi, environmental program director for the National Conference of State Legislatures, says that "tough economic times and (efforts) to make urban areas more vital" have led local governments to broadly interpret their "public use" power - and spurred new complaints from property rights advocates. He says that about a dozen state legislatures have considered proposals to limit local authorities from using eminent domain for private development.
As a result, Kelo vs. City of New London could be among the closest-watched cases of the Supreme Court's 2004-05 term.
The Connecticut Supreme Court ruled that New London had a valid public use to justify eminent domain, based on the thousands of jobs and significant revenue that officials project would be generated by the redevelopment on a 90-acre parcel. New London's plan would include a waterfront hotel and conference center, office space and 80 residential properties. It is intended to take advantage of a decision by pharmaceutical giant Pfizer to build a research facility nearby.
Lawyer Wesley Horton, who represents New London and the New London Development Corp., says the city's decision to try to clear the land for redevelopment stemmed from its "dire economic straits" and "concern for the economic welfare of New London."
In their appeal, the homeowners say they "seek to stop the use of eminent domain to take away their most sacred and important of possessions: their homes."
Together, the seven holdout property owners possess 15 parcels. Their neighborhood originally had about 115 parcels, a mix of homes and small businesses.
Scott Bullock, of the Washington-based Institute for Justice, which represents the owners, says that if the justices adopt the Connecticut court's reasoning, any home or small business could be condemned and replaced by a project that produces more tax revenue.
Separately Tuesday, the court said it will decide:
• Whether the Americans with Disabilities Act forbids foreign cruise ships that operate in U.S. waters from discriminating against people in wheelchairs by, for example, charging them higher fares and limiting their services. The ADA protects disabled people against bias in public accommodations and transportation services; a U.S. appeals court ruled that the law could not be used against foreign cruise lines. The case is Spector vs. Norwegian Cruise Line.
• Whether the free-speech rights of a disgruntled former client of Los Angeles lawyer Johnnie Cochran were violated when a judge ordered the client to stop picketing in front of Cochran's office and to stop any criticism of Cochran in public. The case is Tory vs. Cochran.