Supreme Court Backs Government Power to Seize Private Land

In a 5-4 decision, the U.S. Supreme Court has ruled as constitutional the eminent domain powers of city governments to seize privately owned land, homes and buildings when necessary to make way for private developments, like malls, housing developments and office parks. The court ruled that cities could take property in the interest of economic development, and only with fair compensation of the landowners involved.

“Promoting economic development is a traditional and long accepted function of government,'' wrote Justice John Paul Stevens in the Court’s majority opinion.

“Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random,” wrote Justice Sandra Day O'Connor in the dissent. “The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms.”

Joining Justice O’Connor in dissent were Chief Justice William H. Rehnquist and Justices Antonin Scalia and Clarence Thomas.

The case was Kelo v. New London (at FindLaw.com) – Oral Arguments (.pdf at Supreme Court)

Also See: Brief History of the Supreme Court