Eminent Domain

Question 1

Berman v. Parker (1954)

Answer 1

United States Supreme Court interpreted the Fifth Amendment’s Takings Clause: “nor shall private property be taken for public use, without just compensation” holding private property could be taken for a public purpose with just compensation.

Established aesthetics and redevelopment as valid public purposes for exercising the power of eminent domain.

Question 2

Kelo et al. v. City of New London (2005)

Answer 2

Like Berman v. Parker in 1954, involved the City taking private property by eminent domain and transferring it to a private entity for redevelopment. The Court held in a 5-4 decision that the general benefits a community enjoyed from economic growth qualified such redevelopment plan as a permissible “public use” under the taking clause of the 5th Amendment. New London was aided by existence of well-documented redevelopment plans.