Supreme Court will make Fifth Amendment decision
On Tuesday, the Supreme Court agreed to decide when governments might seize homes and businesses for economic development projects. The Fifth Amendment allows governments to take private property through eminent domain, provided the owner is given “just compensation” and the land is for “public use.” According to the Associated Press, a group of homeowners in New London, Conn., filed a lawsuit after city officials announced plans to raze their homes to clear the way for a riverfront hotel, health club and offices. Arguing it was an unjustified taking of their property; the residents refused to move. New London contends the condemnations are proper because the development plans serve a “public purpose” — boosting economic growth — and are valid “public use” projects that outweigh the property rights of the homeowners. In March, the Connecticut Supreme Court agreed with New London, saying that the mere promise of additional tax revenue justified the condemnation. City officials envision replacing a stagnant enclave with commercial development that would attract tourists to the riverfront, while residents and their supporters say cities are pushing the limits of their power to accommodate wealthy developers. http://www.cnn.com/2004/LAW/09/28/seizing.property.ap/index.html