Eminent Domain

Question 1

Berman v. Parker (1954)

Answer 1

The court ruled that the public welfare is board and inclusive, which included the physical and aesthetic values as well as monetary. Since the redevelopment plan is being completed for the public good, the legislature has the discretion to take all parcels needed to avoid “piecemeal approach”.

Question 2

Susette Kelo v. City of New London (2005)

Answer 2

The Court ruled that the City’s use of eminent domain to further economic development plans satisfies the public purpose interpretation of public use requirement of the taking clause of the 5th amendment, even though the city does not intend to open the lad for use by the general public.