Wednesday, January 31, 2024

Ten Court Cases That Sanctified Government Theft

 


The following is a list of ten significant court cases involving eminent domain in the United States. These cases have had a substantial impact on the interpretation and application of eminent domain law:

  1. Calder v. Bull (1798), 3 U.S. 386 (1798):While not specifically an eminent domain case, it laid the groundwork for the concept of "public use" by establishing limits on legislative power. It influenced later cases on the scope of eminent domain.

  2. Berman v. Parker (1954), 348 U.S. 26 (1954):This case upheld the use of eminent domain for urban redevelopment, broadening the interpretation of "public use" to include the elimination of blight and slums.

  3. Hawaii Housing Auth. v. Midkiff, 467 U.S. 229 (1984): This decision reaffirmed the government's authority to redistribute land ownership through eminent domain when it serves a legitimate public purpose.

  4. Kelo v. City of New London, 545 U.S. 469 (2005): Perhaps one of the most famous eminent domain cases, this ruling allowed the use of eminent domain for private economic development, causing significant controversy and leading to legislative changes in many states.

  5. Horne v. Dep't of Agriculture, 576 U.S. 351 (2015): While primarily an agricultural case, it addressed the issue of takings and compensation, highlighting the importance of fair compensation for property owners subject to eminent domain.

  6. Knick v. Township of Scott, 588 U.S. ___ (2019):  This case clarified the process for property owners to seek compensation for takings under the Fifth Amendment, making it easier to bring takings claims in federal court.

  7. Murr v. Wisconsin 137 S. Ct. 1933 (2017): It focused on the concept of regulatory takings and how multiple contiguous parcels of land should be considered in eminent domain cases, providing guidance on property rights.
  8. Palazzolo v. Rhode Island, 533 U.S. 606 (2001):This case dealt with the issue of "takings" in regulatory contexts, establishing that property owners can challenge regulations that significantly diminish property value.
  9. Armstrong v. United States, 364 U.S. 40 (1960):This case addressed compensation issues related to partial takings of property, clarifying the principles of just compensation when only a portion of a property is taken.
  10. Poletown Neighborhood Council v. City of Detroit, 410 Mich. 616,304 N.W.2d 455, (1981):  This case, like Berman v. Parker, dealt with the use of eminent domain for urban redevelopment but was notable for its broad interpretation of public use, allowing the taking of property for private development.

These court cases have shaped the legal landscape surrounding eminent domain in the United States and have influenced how the government can exercise its power to take private property for public use.

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