Property Rights by Sandefur Flashcards
Susette Kelo argued that the city had misused its power of which doctrine?
The doctrine of eminent domain
The Fifth Amendment says, in part, that “private property [shall not] be taken for __________, without just compensation.”
“public use”
The Supreme Court found in favor of City of New London (aginst Kelo) by what vote?
5-4
Who wrote the majority
opinion in
Kelo v. City of New London?
Justice John Paul Stevens
How did New London interpret “public use” in Kelo v. City of New London?
The city merely wanted to increase its tax revenues and attract a wealthier population.
What ultimately happened to the Kelo property that was was lost to the City of New London?
The redeveloper was unable obtain financing, and the redevelopment project was abandoned. As of 2014, the property was still vacant.
In what year were people from Poletown (Detroit) forced to leave their houses to make room for General Motors plant?
1981
How many residents of Poletown (Detroit) lost their homes in the General Motors case?
4200
What legal doctrine allowed Detroit to take the houses from the people of Poletown?
Eminent domain
When some of the displaced residents sued the cities and General Motors, the Michigan Supreme Court ruled that economic development WAS OR WAS NOT a legitimate use of eminent domain.
Was
The Michigan Supreme Court effectively reversed the precedent it set in the Poletown case how many years afterwards?
23
What was the conclusion of Ruckelshaus v. Monsanto Co.?
The Court found sufficient Congress’ belief that sparing applicants the cost of time-consuming research eliminated a significant barrier to entry in the pesticide market and thereby enhanced competition (467 U.S. at 1015).
1984
In Kansas, government officials condemned land belonging to 150 families to build what?
A NASCAR race track (the state Supreme Court held the condemnation was constitutional).
New York City condemned an entire city block on time square to build what?
A high-rise building for “the New York Times.” (New York’s highest court allowed the condemnation.”