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Eminent Domain
Eminent domain came to the public forefront during 2005 with the Kelo vs. New London case when the city of New London, CT condemned an entire subdivision under eminent domain. The area had been suffering a declining tax base and Pfizer, the pharmaceutical company, was interested in building a development on the properties. New London officials sought to use eminent domain to remove homes in order to build the pharmaceutical center and therefore raise its tax base.
In this case the Supreme Court ruled in favor of using the fifth amendment's taking clause not to remove a social harm but to bring in a more profitable tax base. This case set the precedent for cases all over the country with its 5-4 decision and expanded the definition of public use in the context of eminent domain. We will discuss three cities that have utilized eminent domain in varying ways.
Before it officially opened in September 2012 the Barclays Center in Brooklyn was at the center of a nine year legal battle. While the opening night was filled with celebrities, glamor and a Jay Z concert there were protesters in the street.
Developer Bruce Ratner worked with local officials on a plan to build the multi-million dollar stadium in Brookyn's Prospect Heights neighborhood but first the city had to clear the area of its residents.
While many of the businesses and residents of the area took a buy-out option there were some who did not want to leave their neighborhood. These people took their case all the way to the Appellate Court where the final ruling would come with a 6-1 decision that the real estate developer did not violate New York's eminent domain laws in acquiring the land from the city. There was no option for further appeal of this ruling and the remaining properties were condemned and subsequently demolished to make way for the stadium.
The Poletown plant still operates today but at a much smaller capacity than ever before with a mere 1600 employees. The parts of Poletown that were not demolished currently sit abandoned because so many left the area after the plant protests, town demolition and GM construction. The automotive industry crisis hurt the plant and town even more.
This case and several like it have sparked fierce debate in Texas, a state that is 95% privately owned land, over the concept of eminent domain. Local officials have worked to try and protect landowners and recently the state senate passed new legislation to that end.
Have you ever wondered what ever happened to the city of New London after it made eminent domain history?
In 2010 the Pfizer organization officially abandoned the New London site citing the economic downturn though many local residents feel that the reason was because the tax incentives given to the company expired that year.
In the early 1980's the city of Detroit began plans to use eminent domain to clear its Poletown neighborhood to make way for a General Motors assembly plant. At the time there were 4,200 residents, several churches, 140 local businesses and 1,400 homes that were in this area and would be demolished. After a lengthy court battle the Michigan Supreme Court ruled that economic development is considered public use.
In 2011TransCanada proposed an expansion of their Keystone Pipeline that would take the underground system from Texas to Canada. Some residents fought back when TransCanada had their properties seized by eminent domain, including Julia Triggs Crawford. While the lower courts have ruled against her allowing a 50 foot strip of land on her family's farm to be used by TransCanada she is taking her fight to the Texas Supreme Court.
design by Dóri Sirály for Prezi