U.S. Supreme Court Tackles Three Takings Cases That Could Chart New Directions for Eminent Domain

摘要

In recent years, the U.S. Supreme Court has revived its interest in real property law and the issue of takings under the Fifth Amendment to the U.S. Constitution, which states, "nor shall private property be taken for public use without just compensation." The Court currently has before it three cases that present several important issues that could impact the future of takings law and eminent domain cases. Among the most dramatic is Kelo v. City of New London, which pits economically downtrodden homeowners of a rundown city against their local government's efforts to encourage new, private development and expand the tax base through the use of condemnation and eminent domain. The issues that the Court must address in this case include the following: 1. Can a city take land, pay for it, and then give it to a private developer in the hope that the development will prove profitable for that private company? 2. Does that constitute truly a "public" taking permitted by the Fifth Amendment? and 3. What level of deference should courts give municipalities or legislatures when they rule on the need and the means for economic revitalization efforts?