Eminent Domain Case Goes to High Court

Steven Geoffrey Gieseler is reporting today for the American Thinker online that the United States Supreme Court has granted certiorari to a case coming from the 11th Circuit Court of Appeals that deals with the nation’s eminent domain laws.

The Fifth Amendment to the United States Constitution says, in part, “nor shall private property be taken for public use, without just compensation.” (U.S.Const. amend. V.) Simply explained, the government cannot take your property for public use without compensating you for the property’s value. Of course, ever since the Kelo v. City of New London decision, the definition of “public use” is, in the opinion of some, broad in that increases in public revenues from a private “taking” project can be consider “for public use.” (545 U.S. 469 (2205)).

Now the United States Supreme Court has granted certiorari to the appeal of the 11th Circuit Court of Appeals decision that holds that a government regulation devaluing a property that would affect the “just compensation” of the property is allowable so long as the specific purpose of the regulation was not to depress the property’s value or cause it to be condemned. In upholding the district court opinion, the court held that if the court determines the regulation was not used improperly then there is no reason to present evidence of the contrary to whoever is determining the “just compensation.”

The makeup of the Supreme Court has changed since the Kelo decision, so how the Court comes down in this case may be an indicator of how it will approach similar property cases in the future.

To read the 11th Circuit Court of Appeals opinion click here.
For background on the case provided by the American Thinker, click here.

Posted: 12/28/09