kelo
et
al
city
new
london
et
argued
february
decided
june
approving
integrated
development
plan
designed
revitalize
ailing
economy
respondent
city
development
agent
purchased
property
earmarked
project
willing
sellers
initiated
condemnation
proceedings
petitioners
owners
rest
property
refused
sell
petitioners
brought
action
claiming
inter
alia
taking
properties
violate
public
use
restriction
fifth
amendment
takings
clause
trial
granted
permanent
restraining
order
prohibiting
taking
properties
denying
relief
others
relying
cases
hawaii
housing
authority
midkiff
berman
parker
connecticut
affirmed
part
reversed
part
upholding
proposed
takings
held
city
proposed
disposition
petitioners
property
qualifies
public
use
within
meaning
takings
clause
pp
though
city
take
petitioners
land
simply
confer
private
benefit
particular
private
party
see
midkiff
without
exception
defined
concept
broadly
reflecting
longstanding
policy
deference
legislative
judgments
public
needs
justify
use
takings
power
berman
midkiff
ruckelshaus
monsanto
pp
city
determination
area
issue
sufficiently
distressed
justify
program
economic
rejuvenation
entitled
deference
city
carefully
formulated
development
plan
believes
provide
appreciable
benefits
community
including
limited
new
jobs
increased
tax
revenue
exercises
urban
planning
development
city
trying
coordinate
variety
commercial
residential
recreational
land
uses
hope
form
whole
greater
sum
parts
effectuate
plan
city
invoked
state
statute
specifically
authorizes
use
eminent
domain
promote
economic
development
given
plan
comprehensive
character
thorough
deliberation
preceded
adoption
limited
scope
review
cases
appropriate
berman
resolve
challenges
individual
owners
piecemeal
basis
rather
light
entire
plan
plan
unquestionably
serves
public
purpose
takings
challenged
satisfy
fifth
amendment
petitioners
proposal
adopt
new
rule
economic
development
qualify
public
use
supported
neither
precedent
logic
promoting
economic
development
traditional
long
accepted
governmental
function
principled
way
distinguishing
public
purposes
recognized
see
berman
also
rejected
petitioners
argument
takings
kind
require
reasonable
certainty
expected
public
benefits
actually
accrue
rule
represent
even
greater
departure
precedent
midkiff
disadvantages
heightened
form
review
especially
pronounced
type
case
orderly
implementation
comprehensive
plan
requires
interested
parties
legal
rights
established
new
construction
commence
declines
wisdom
means
city
selected
effectuate
plan
berman
pp
affirmed
stevens
delivered
opinion
kennedy
souter
ginsburg
breyer
joined
kennedy
filed
concurring
opinion
filed
dissenting
opinion
rehnquist
scalia
thomas
joined
thomas
filed
dissenting
opinion
susette
kelo
et
petitioners
city
new
london
connecticut
et
al
writ
certiorari
connecticut
june
justice
stevens
delivered
opinion
city
new
london
approved
development
plan
words
connecticut
projected
create
excess
jobs
increase
tax
revenues
revitalize
economically
distressed
city
including
downtown
waterfront
areas
assembling
land
needed
project
city
development
agent
purchased
property
willing
sellers
proposes
use
power
eminent
domain
acquire
remainder
property
unwilling
owners
exchange
compensation
question
presented
whether
city
proposed
disposition
property
qualifies
public
use
within
meaning
takings
clause
fifth
amendment
city
new
london
hereinafter
city
sits
junction
thames
river
long
island
sound
southeastern
connecticut
decades
economic
decline
led
state
agency
designate
city
distressed
municipality
federal
government
closed
naval
undersea
warfare
center
located
fort
trumbull
area
city
employed
people
city
unemployment
rate
nearly
double
state
population
residents
lowest
since
conditions
prompted
state
local
officials
target
new
london
particularly
fort
trumbull
area
economic
revitalization
end
respondent
new
london
development
corporation
nldc
private
nonprofit
entity
established
years
earlier
assist
city
planning
economic
development
reactivated
january
state
authorized
million
bond
issue
support
nldc
planning
activities
million
bond
issue
toward
creation
fort
trumbull
state
park
february
pharmaceutical
company
pfizer
announced
build
million
research
facility
site
immediately
adjacent
fort
trumbull
local
planners
hoped
pfizer
draw
new
business
area
thereby
serving
catalyst
area
rejuvenation
receiving
initial
approval
city
council
nldc
continued
planning
activities
held
series
neighborhood
meetings
educate
public
process
may
city
council
authorized
nldc
formally
submit
plans
relevant
state
agencies
upon
obtaining
approval
nldc
finalized
integrated
development
plan
focused
acres
fort
trumbull
area
fort
trumbull
area
situated
peninsula
juts
thames
river
area
comprises
approximately
privately
owned
properties
well
acres
land
formerly
occupied
naval
facility
trumbull
state
park
occupies
acres
development
plan
encompasses
seven
parcels
parcel
designated
waterfront
conference
hotel
center
small
urban
village
include
restaurants
shopping
parcel
also
marinas
recreational
commercial
uses
pedestrian
riverwalk
originate
continue
coast
connecting
waterfront
areas
development
parcel
site
approximately
new
residences
organized
urban
neighborhood
linked
public
walkway
remainder
development
including
state
park
parcel
also
includes
space
reserved
new
coast
guard
museum
parcel
located
immediately
north
pfizer
facility
contain
least
square
feet
research
development
office
space
parcel
site
used
either
support
adjacent
state
park
providing
parking
retail
services
visitors
support
nearby
marina
parcel
include
renovated
marina
well
final
stretch
riverwalk
parcels
provide
land
office
retail
space
parking
commercial
uses
app
nldc
intended
development
plan
capitalize
arrival
pfizer
facility
new
commerce
expected
attract
addition
creating
jobs
generating
tax
revenue
helping
build
momentum
revitalization
downtown
new
london
plan
also
designed
make
city
attractive
create
leisure
recreational
opportunities
waterfront
park
city
council
approved
plan
january
designated
nldc
development
agent
charge
implementation
see
stat
city
council
also
authorized
nldc
purchase
property
acquire
property
exercising
eminent
domain
city
name
nldc
successfully
negotiated
purchase
real
estate
area
negotiations
petitioners
failed
consequence
november
nldc
initiated
condemnation
proceedings
gave
rise
ii
petitioner
susette
kelo
lived
fort
trumbull
area
since
made
extensive
improvements
house
prizes
water
view
petitioner
wilhelmina
dery
born
fort
trumbull
house
lived
entire
life
husband
charles
also
petitioner
lived
house
since
married
years
ago
nine
petitioners
properties
fort
trumbull
parcel
development
plan
parcel
ten
parcels
occupied
owner
family
member
five
held
investment
properties
allegation
properties
blighted
otherwise
poor
condition
rather
condemned
happen
located
development
area
december
petitioners
brought
action
new
london
superior
claimed
among
things
taking
properties
violate
public
use
restriction
fifth
amendment
bench
trial
superior
granted
permanent
restraining
order
prohibiting
taking
properties
located
parcel
park
marina
support
however
denied
petitioners
relief
properties
located
parcel
office
space
app
pet
cert
superior
ruled
sides
took
appeals
connecticut
held
dissent
city
proposed
takings
valid
began
upholding
lower
determination
takings
authorized
chapter
state
municipal
development
statute
see
stat
et
seq
statute
expresses
legislative
determination
taking
land
even
developed
land
part
economic
development
project
public
use
public
interest
next
relying
cases
hawaii
housing
authority
midkiff
berman
parker
held
economic
development
qualified
valid
public
use
federal
state
constitutions
finally
adhering
precedents
went
determine
first
whether
takings
particular
properties
issue
reasonably
necessary
achieving
city
intended
public
use
second
whether
takings
reasonably
foreseeable
needs
upheld
trial
factual
findings
parcel
reversed
trial
parcel
agreeing
city
intended
use
land
sufficiently
definite
given
reasonable
attention
planning
process
three
dissenting
justices
imposed
heightened
standard
judicial
review
takings
justified
economic
development
although
agreed
plan
intended
serve
valid
public
use
found
takings
unconstitutional
city
failed
adduce
clear
convincing
evidence
economic
benefits
plan
fact
come
pass
zarella
joined
sullivan
katz
concurring
part
dissenting
part
granted
certiorari
determine
whether
city
decision
take
property
purpose
economic
development
satisfies
public
use
requirement
fifth
amendment
iii
two
polar
propositions
perfectly
clear
one
hand
long
accepted
sovereign
may
take
property
sole
purpose
transferring
another
private
party
even
though
paid
compensation
hand
equally
clear
state
may
transfer
property
one
private
party
another
future
use
public
purpose
taking
condemnation
land
railroad
duties
familiar
example
neither
propositions
however
determines
disposition
case
first
proposition
city
doubt
forbidden
taking
petitioners
land
purpose
conferring
private
benefit
particular
private
party
see
midkiff
city
allowed
take
property
mere
pretext
public
purpose
actual
purpose
bestow
private
benefit
takings
us
however
executed
pursuant
carefully
considered
development
plan
trial
judge
members
connecticut
agreed
evidence
illegitimate
purpose
therefore
true
statute
challenged
midkiff
city
development
plan
adopted
benefit
particular
class
identifiable
individuals
hand
case
city
planning
open
condemned
land
least
entirety
use
general
public
private
lessees
land
sense
required
operate
like
common
carriers
making
services
available
comers
although
projected
use
sufficient
satisfy
public
use
requirement
long
ago
rejected
literal
requirement
condemned
property
put
use
general
public
indeed
many
state
courts
century
endorsed
use
public
proper
definition
public
use
narrow
view
steadily
eroded
time
use
public
test
difficult
administer
proportion
public
need
access
property
price
proved
impractical
given
diverse
always
evolving
needs
accordingly
began
applying
fifth
amendment
close
century
embraced
broader
natural
interpretation
public
use
public
purpose
see
fallbrook
irrigation
dist
bradley
thus
case
upholding
mining
company
use
aerial
bucket
line
transport
ore
property
justice
holmes
opinion
stressed
inadequacy
use
general
public
universal
test
strickley
highland
boy
gold
mining
repeatedly
consistently
rejected
narrow
test
ever
disposition
case
therefore
turns
question
whether
city
development
plan
serves
public
purpose
without
exception
cases
defined
concept
broadly
reflecting
longstanding
policy
deference
legislative
judgments
field
berman
parker
upheld
redevelopment
plan
targeting
blighted
area
washington
housing
area
inhabitants
beyond
repair
plan
area
condemned
part
utilized
construction
streets
schools
public
facilities
remainder
land
leased
sold
private
parties
purpose
redevelopment
including
construction
housing
owner
department
store
located
area
challenged
condemnation
pointing
store
blighted
arguing
creation
better
balanced
attractive
community
valid
public
use
writing
unanimous
justice
douglas
refused
evaluate
claim
isolation
deferring
instead
legislative
agency
judgment
area
must
planned
whole
plan
successful
explained
community
redevelopment
programs
need
force
constitution
piecemeal
basis
lot
lot
building
building
public
use
underlying
taking
unequivocally
affirmed
sit
determine
whether
particular
housing
project
desirable
concept
public
welfare
broad
inclusive
values
represents
spiritual
well
physical
aesthetic
well
monetary
within
power
legislature
determine
community
beautiful
well
healthy
spacious
well
clean
well
carefully
patrolled
present
case
congress
authorized
agencies
made
determinations
take
account
wide
variety
values
us
reappraise
govern
district
columbia
decide
nation
capital
beautiful
well
sanitary
nothing
fifth
amendment
stands
way
hawaii
housing
authority
midkiff
considered
hawaii
statute
whereby
fee
title
taken
lessors
transferred
lessees
compensation
order
reduce
concentration
land
ownership
unanimously
upheld
statute
rejected
ninth
circuit
view
naked
attempt
part
state
hawaii
take
property
transfer
solely
private
use
benefit
internal
quotation
marks
omitted
reaffirming
berman
deferential
approach
legislative
judgments
field
concluded
state
purpose
eliminating
social
economic
evils
land
oligopoly
qualified
valid
public
use
opinion
also
rejected
contention
mere
fact
state
immediately
transferred
properties
private
individuals
upon
condemnation
somehow
diminished
public
character
taking
taking
purpose
mechanics
explained
matters
determining
public
use
term
decided
another
public
use
case
arose
purely
economic
context
ruckelshaus
monsanto
dealt
provisions
federal
insecticide
fungicide
rodenticide
act
environmental
protection
agency
consider
data
including
trade
secrets
submitted
prior
pesticide
applicant
evaluating
subsequent
application
long
second
applicant
paid
compensation
data
acknowledged
direct
beneficiaries
provisions
subsequent
applicants
nevertheless
upheld
statute
berman
midkiff
found
sufficient
congress
belief
sparing
applicants
cost
research
eliminated
significant
barrier
entry
pesticide
market
thereby
enhanced
competition
viewed
whole
jurisprudence
recognized
needs
society
varied
different
parts
nation
evolved
time
response
changed
circumstances
earliest
cases
particular
embodied
strong
theme
federalism
emphasizing
great
respect
owe
state
legislatures
state
courts
discerning
local
public
needs
see
hairston
danville
western
noting
needs
likely
vary
depending
state
resources
capacity
soil
relative
importance
industries
general
public
welfare
methods
habits
people
century
public
use
jurisprudence
wisely
eschewed
rigid
formulas
intrusive
scrutiny
favor
affording
legislatures
broad
latitude
determining
public
needs
justify
use
takings
power
iv
govern
city
confronted
need
remove
blight
fort
trumbull
area
determination
area
sufficiently
distressed
justify
program
economic
rejuvenation
entitled
deference
city
carefully
formulated
economic
development
plan
believes
provide
appreciable
benefits
community
including
means
limited
new
jobs
increased
tax
revenue
exercises
urban
planning
city
endeavoring
coordinate
variety
commercial
residential
recreational
uses
land
hope
form
whole
greater
sum
parts
effectuate
plan
city
invoked
state
statute
specifically
authorizes
use
eminent
domain
promote
economic
development
given
comprehensive
character
plan
thorough
deliberation
preceded
adoption
limited
scope
review
appropriate
us
berman
resolve
challenges
individual
owners
piecemeal
basis
rather
light
entire
plan
plan
unquestionably
serves
public
purpose
takings
challenged
satisfy
public
use
requirement
fifth
amendment
avoid
result
petitioners
urge
us
adopt
new
rule
economic
development
qualify
public
use
putting
aside
unpersuasive
suggestion
city
plan
provide
purely
economic
benefits
neither
precedent
logic
supports
petitioners
proposal
promoting
economic
development
traditional
long
accepted
function
government
moreover
principled
way
distinguishing
economic
development
public
purposes
recognized
cases
upholding
takings
facilitated
agriculture
mining
example
emphasized
importance
industries
welfare
question
see
strickley
berman
endorsed
purpose
transforming
blighted
area
community
redevelopment
midkiff
upheld
interest
breaking
land
oligopoly
created
artificial
deterrents
normal
functioning
state
residential
land
market
monsanto
accepted
congress
purpose
eliminating
significant
barrier
entry
pesticide
market
incongruous
hold
city
interest
economic
benefits
derived
development
fort
trumbull
area
less
public
character
interests
clearly
basis
exempting
economic
development
traditionally
broad
understanding
public
purpose
petitioners
contend
using
eminent
domain
economic
development
impermissibly
blurs
boundary
public
private
takings
cases
foreclose
objection
quite
simply
government
pursuit
public
purpose
often
benefit
individual
private
parties
example
midkiff
forced
transfer
property
conferred
direct
significant
benefit
lessees
previously
unable
purchase
homes
monsanto
recognized
direct
beneficiaries
provisions
subsequent
pesticide
applicants
benefiting
way
necessary
promoting
competition
pesticide
market
owner
department
store
berman
objected
taking
one
businessman
benefit
another
businessman
referring
fact
redevelopment
plan
land
leased
sold
private
developers
rejection
contention
particular
relevance
instant
case
public
end
may
well
better
served
agency
private
enterprise
department
government
congress
might
conclude
say
public
ownership
sole
method
promoting
public
purposes
community
redevelopment
projects
argued
without
rule
nothing
stop
city
transferring
citizen
property
citizen
sole
reason
citizen
put
property
productive
use
thus
pay
taxes
transfer
property
executed
outside
confines
integrated
development
plan
presented
case
unusual
exercise
government
power
certainly
raise
suspicion
private
purpose
hypothetical
cases
posited
petitioners
confronted
warrant
crafting
artificial
restriction
concept
public
alternatively
petitioners
maintain
takings
kind
require
reasonable
certainty
expected
public
benefits
actually
accrue
rule
however
represent
even
greater
departure
precedent
legislature
purpose
legitimate
means
irrational
cases
make
clear
empirical
debates
wisdom
takings
less
debates
wisdom
kinds
socioeconomic
legislation
carried
federal
courts
midkiff
indeed
earlier
term
explained
similar
practical
concerns
among
others
undermined
use
substantially
advances
formula
regulatory
takings
doctrine
see
lingle
chevron
slip
noting
formula
empower
might
often
require
courts
substitute
predictive
judgments
elected
legislatures
expert
agencies
disadvantages
heightened
form
review
especially
pronounced
type
case
orderly
implementation
comprehensive
redevelopment
plan
obviously
requires
legal
rights
interested
parties
established
new
construction
commenced
constitutional
rule
required
postponement
judicial
approval
every
condemnation
likelihood
success
plan
assured
unquestionably
impose
significant
impediment
successful
consummation
many
plans
decline
city
considered
judgments
efficacy
development
plan
also
decline
city
determinations
lands
needs
acquire
order
effectuate
project
courts
oversee
choice
boundary
line
sit
review
size
particular
project
area
question
public
purpose
decided
amount
character
land
taken
project
need
particular
tract
complete
integrated
plan
rests
discretion
legislative
branch
berman
affirming
city
authority
take
petitioners
properties
minimize
hardship
condemnations
may
entail
notwithstanding
payment
emphasize
nothing
opinion
precludes
state
placing
restrictions
exercise
takings
power
indeed
many
already
impose
public
use
requirements
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federal
baseline
requirements
established
matter
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constitutional
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eminent
domain
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necessity
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eminent
domain
promote
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development
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public
authority
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city
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condemnations
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use
within
meaning
fifth
amendment
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constitution
century
case
law
interpreting
provision
dictates
affirmative
answer
question
may
grant
petitioners
relief
seek
judgment
connecticut
affirmed
ordered
susette
kelo
et
petitioners
city
new
london
connecticut
et
al
writ
certiorari
connecticut
june
justice
kennedy
concurring
join
opinion
add
observations
declared
taking
upheld
consistent
public
use
clause
amdt
long
rationally
related
conceivable
public
purpose
hawaii
housing
authority
midkiff
see
also
berman
parker
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due
process
equal
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parties
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cleburne
cleburne
living
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moreno
trial
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correct
observe
purpose
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development
development
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parties
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parties
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parties
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plan
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pet
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merit
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actions
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whether
fact
development
plan
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corcoran
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private
businesses
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plan
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pfizer
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pet
cert
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testimony
government
officials
corporate
officers
documentary
evidence
communications
parties
ibid
respondents
awareness
new
london
depressed
economic
condition
evidence
corroborating
validity
concern
substantial
commitment
public
funds
state
development
project
private
beneficiaries
known
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respondents
reviewed
variety
development
plans
chose
private
developer
group
applicants
rather
picking
particular
transferee
beforehand
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private
beneficiaries
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office
space
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pfizer
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record
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motivated
desire
aid
particular
private
entities
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also
ante
even
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justices
connecticut
agreed
respondents
development
plan
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party
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argue
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petitioners
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midkiff
imposes
meaningful
judicial
limits
government
power
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property
likes
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se
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furthermore
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number
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takings
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expected
effect
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public
large
offend
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use
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development
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foreclose
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midkiff
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parties
acute
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use
clause
cf
eastern
enterprises
apfel
kennedy
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judgment
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part
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legislation
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process
clause
demanding
level
scrutiny
however
required
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purpose
taking
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development
occasion
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cases
might
justify
demanding
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case
convince
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berman
midkiff
appropriate
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occurred
context
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development
plan
meant
address
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depression
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economic
benefits
project
characterized
de
minimus
identity
private
beneficiaries
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time
city
formulated
plans
city
complied
elaborate
procedural
requirements
facilitate
review
record
inquiry
city
purposes
sum
may
categories
cases
transfers
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procedures
employed
prone
abuse
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benefits
trivial
implausible
courts
presume
impermissible
private
purpose
circumstances
present
case
foregoing
reasons
join
opinion
susette
kelo
et
petitioners
city
new
london
connecticut
et
al
writ
certiorari
connecticut
june
justice
chief
justice
justice
scalia
justice
thomas
join
dissenting
two
centuries
ago
bill
rights
ratified
justice
chase
wrote
act
legislature
call
law
contrary
great
first
principles
social
compact
considered
rightful
exercise
legislative
authority
instances
suffice
explain
mean
law
takes
property
gives
reason
justice
people
entrust
legislature
powers
therefore
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calder
bull
dall
emphasis
deleted
today
abandons
basic
limitation
government
power
banner
economic
development
private
property
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transferred
another
private
owner
long
might
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given
owner
use
way
legislature
deems
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process
reason
incidental
public
benefits
resulting
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use
private
property
render
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development
takings
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use
wash
distinction
private
public
use
property
thereby
effectively
delete
words
public
use
takings
clause
fifth
amendment
accordingly
respectfully
dissent
petitioners
nine
resident
investment
owners
homes
fort
trumbull
neighborhood
new
london
connecticut
petitioner
wilhelmina
dery
example
lives
house
walbach
street
family
years
born
house
husband
petitioner
charles
dery
moved
house
married
son
lives
next
door
family
house
received
wedding
gift
joins
parents
suit
two
petitioners
keep
rental
properties
neighborhood
february
pfizer
pharmaceuticals
manufacturer
announced
build
global
research
facility
near
fort
trumbull
neighborhood
two
months
later
new
london
city
council
gave
initial
approval
new
london
development
corporation
nldc
prepare
development
plan
issue
nldc
private
nonprofit
corporation
whose
mission
assist
city
council
economic
development
planning
elected
popular
vote
directors
employees
privately
appointed
consistent
mandate
nldc
generated
ambitious
plan
redeveloping
acres
fort
trumbull
order
complement
facility
pfizer
planning
build
create
jobs
increase
tax
revenues
encourage
public
access
use
city
waterfront
eventually
momentum
revitalization
rest
city
app
pet
cert
petitioners
properties
two
plan
seven
parcels
parcel
parcel
plan
parcel
slated
construction
research
office
space
market
develops
space
also
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plaintiffs
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counsel
respondents
conceded
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parking
tr
oral
arg
save
homes
petitioners
sued
new
london
nldc
new
london
delegated
eminent
domain
power
petitioners
maintain
fifth
amendment
prohibits
nldc
condemning
properties
sake
economic
development
plan
petitioners
seek
increased
compensation
none
opposed
new
development
area
objection
principle
claim
nldc
proposed
use
confiscated
property
public
one
purposes
fifth
amendment
government
may
take
homes
build
road
railroad
eliminate
property
use
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say
petitioners
take
property
private
use
owners
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new
owners
may
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productive
use
property
ii
fifth
amendment
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fourteenth
amendment
provides
private
property
shall
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public
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begin
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wright
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two
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exercise
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domain
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owner
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legal
foundation
two
limitations
serve
protect
security
property
alexander
hamilton
described
philadelphia
convention
one
great
obj
ects
gov
ernment
records
federal
convention
farrand
ed
together
ensure
stable
property
ownership
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government
eminent
domain
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particularly
owners
whatever
reasons
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unable
protect
political
process
majority
takings
clause
presupposes
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take
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condemnations
thus
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loading
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benefit
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cf
preservation
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tahoe
regional
planning
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concepts
justice
underlie
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public
private
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give
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legislatures
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vester
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sovereign
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transfer
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road
hospital
military
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old
dominion
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rindge
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los
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second
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use
railroad
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utility
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railroad
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parker
hawaii
housing
authority
midkiff
case
returns
us
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years
hard
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requirement
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real
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domain
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hawaii
whereby
title
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lessors
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lessees
time
state
federal
governments
owned
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hands
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landowners
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ownership
dramatic
state
urbanized
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oahu
landowners
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fee
simple
titles
hawaii
legislature
concluded
oligopoly
land
ownership
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state
residential
fee
simple
market
inflating
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prices
injuring
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tranquility
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emphasized
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yet
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void
midkiff
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midkiff
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holdings
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blight
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midkiff
oligopoly
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berman
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thus
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private
use
contrast
new
london
claim
susette
kelo
wilhelmina
dery
homes
source
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home
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meaning
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takings
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berman
midkiff
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whether
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words
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boon
pfizer
plan
developer
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pet
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amendment
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much
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private
ownership
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proposed
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implicit
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logic
today
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eminent
domain
may
used
upgrade
downgrade
property
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makes
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process
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prohibits
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lingle
rightfully
admits
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predictive
judgments
whether
public
actually
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realistic
import
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us
say
already
makes
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attractive
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use
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specter
condemnation
hangs
property
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prevent
state
replacing
motel
home
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mall
farm
factory
cf
bugryn
bristol
app
taking
homes
farm
four
owners
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park
cents
stores
lancaster
redevelopment
authority
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cents
store
replace
costco
poletown
neighborhood
council
detroit
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immigrant
community
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giving
general
motors
assembly
plant
overruled
county
wayne
hathcock
brief
becket
fund
religious
liberty
amicus
curiae
describing
takings
religious
institutions
properties
institute
justice
berliner
public
power
private
gain
report
examining
abuse
eminent
domain
collecting
accounts
economic
development
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also
puts
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tax
revenue
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heels
legislative
determination
new
london
depressed
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see
ante
transfer
property
executed
outside
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integrated
development
plan
presented
case
justice
kennedy
takes
great
comfort
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ante
concurring
opinion
none
legal
significance
blunt
force
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prognostications
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kennedy
gloss
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higher
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hope
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city
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coda
suggests
property
owners
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impose
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limits
economic
development
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abdication
responsibility
play
many
important
functions
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dual
sovereignty
compensating
refusal
enforce
properly
federal
constitution
provision
meant
curtail
state
action
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among
possible
berman
midkiff
imagine
unconstitutional
transfers
decisions
endorsed
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alone
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wrote
james
madison
impartially
secures
every
man
whatever
national
gazette
property
mar
reprinted
papers
james
madison
rutland
et
al
eds
hold
takings
parcel
parcel
unconstitutional
reverse
judgment
connecticut
remand
proceedings
susette
kelo
et
petitioners
city
new
london
connecticut
et
al
writ
certiorari
connecticut
june
justice
thomas
dissenting
long
ago
william
blackstone
wrote
law
land
postpone
even
public
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sacred
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rights
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property
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property
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person
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use
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property
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principle
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time
founding
takings
required
payment
compensation
blackstone
kent
commentaries
american
law
hereinafter
kent
madison
national
property
gazette
mar
papers
james
madison
rutland
et
al
eds
arguing
property
shall
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use
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dictionaries
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dictionary
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language
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law
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hereinafter
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hand
term
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use
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first
terms
public
exigencies
employed
massachusetts
bill
rights
northwest
ordinance
term
public
necessity
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constitution
constitution
text
short
suggests
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clause
authorizes
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property
public
right
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law
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power
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compare
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noting
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power
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property
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rejected
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road
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person
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property
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purpose
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may
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property
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power
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clause
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property
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armories
arsenals
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law
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clause
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bear
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relation
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powers
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thomas
concurring
judgment
must
subvert
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principles
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design
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raich
ante
thomas
dissenting
words
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note
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limitation
eminent
domain
advance
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nn
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ex
rel
tiernan
mayor
baltimore
pet
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domain
power
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roads
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parks
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power
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time
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mill
acts
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owners
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mills
operated
water
power
flood
upstream
lands
payment
compensation
upstream
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see
head
amoskeag
mfg
early
grist
mills
regulated
law
compelled
serve
public
stipulated
toll
regular
order
therefore
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used
public
lewis
see
also
head
supra
common
carriers
entities
public
uses
fullest
sense
word
public
legally
use
benefit
equally
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use
limitations
status
traditionally
afforded
private
beneficiaries
state
franchise
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form
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monopoly
companies
operated
conditions
natural
monopoly
sure
early
state
legislatures
tested
limits
eminent
domain
power
enacted
statutes
allowing
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property
purpose
building
private
roads
see
lewis
statutes
mixed
required
private
landowner
keep
road
open
public
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later
century
moreover
mill
acts
employed
grant
rights
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manufacturing
plants
addition
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mills
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horwitz
transformation
american
law
pp
early
uses
eminent
domain
power
often
cited
evidence
broad
public
purpose
interpretation
public
use
clause
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ante
majority
opinion
brief
respondents
brief
american
planning
assn
et
al
amici
curiae
fact
constitutionality
exercises
eminent
domain
power
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public
use
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contested
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state
courts
throughout
century
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construed
clauses
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meaning
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ohio
elections
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judgment
time
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usiness
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horwitz
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among
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state
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domain
power
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clause
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property
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current
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notes
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reading
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history
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cases
deferring
legislatures
judgments
regarding
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questionable
cases
converged
boundlessly
broad
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conception
public
use
adopted
berman
parker
hawaii
housing
authority
midkiff
cases
take
center
stage
opinion
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ante
weakness
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lines
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midkiff
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cases
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purpose
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standard
ill
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notes
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purpose
interpretation
public
use
clause
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fallbrook
irrigation
dist
bradley
ante
issue
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whether
condemnation
purposes
constructing
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peckham
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bradley
test
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clark
nash
peckham
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bucket
line
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little
clark
see
strickley
supra
case
disposed
narrower
ground
plaintiff
carrier
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block
hirsh
mt
cotton
duck
alabama
interstate
power
leamer
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line
cases
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public
use
clause
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meaning
allowing
legislatures
define
scope
valid
public
uses
gettysburg
electric
involved
question
whether
congress
decision
condemn
certain
private
land
purpose
building
battlefield
memorials
gettysburg
pennsylvania
public
use
since
federal
government
use
lands
question
doubt
public
use
reasonable
standard
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justice
peckham
declared
legislature
declared
use
purpose
public
one
judgment
respected
courts
unless
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palpably
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reasonable
foundation
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purpose
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bradley
supra
quickly
incorporated
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use
clause
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ex
rel
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owes
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question
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property
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purpose
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framers
intended
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use
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rights
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payton
new
york
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deck
missouri
state
law
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interest
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process
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regents
state
colleges
roth
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worse
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supra
deferring
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power
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property
elsewhere
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us
city
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petitioners
homes
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interpretation
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use
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complete
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berman
parker
hawaii
housing
authority
midkiff
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lines
cases
berman
midkiff
upheld
condemnations
purposes
slum
clearance
land
redistribution
respectively
subject
specific
constitutional
limitations
berman
proclaimed
legislature
spoken
public
interest
declared
terms
conclusive
cases
legislature
judiciary
main
guardian
public
needs
served
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question
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since
question
decided
whether
specific
constitutional
limitation
public
use
clause
prevented
taking
appellant
concededly
nonblighted
department
store
berman
also
appeared
reason
exercise
congress
enumerated
power
case
plenary
power
district
columbia
per
se
public
use
fifth
amendment
point
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use
clause
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supra
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midkiff
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power
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supra
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power
eminent
domain
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question
whether
regulate
property
pursuant
police
power
see
lucas
south
carolina
coastal
council
mugler
supra
berman
example
slums
issue
truly
blighted
state
nuisance
law
see
supra
lucas
supra
power
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uses
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projects
ante
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purpose
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use
judgment
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use
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fact
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eliminate
public
use
scrutiny
takings
entirely
ante
obliterating
provision
constitution
course
guarantees
misapplied
reasons
revisit
public
use
clause
cases
consider
returning
original
meaning
public
use
clause
government
may
take
property
actually
uses
gives
public
legal
right
use
property
iv
consequences
today
decision
difficult
predict
promise
harmful
urban
renewal
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provide
compensation
properties
take
compensation
possible
subjective
value
lands
individuals
displaced
indignity
inflicted
uprooting
homes
allowing
government
take
property
solely
public
purposes
bad
enough
extending
concept
public
purpose
encompass
economically
beneficial
goal
guarantees
losses
fall
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poor
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communities
systematically
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likely
put
lands
highest
best
social
use
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politically
powerful
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intrusive
judicial
review
constitutional
provisions
protect
discrete
insular
minorities
carolene
products
surely
principle
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great
force
powerless
groups
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public
use
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standard
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public
use
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encourages
citizens
proportionate
influence
power
political
cess
including
large
corporations
development
firms
victimize
weak
ante
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incentives
made
legacy
public
purpose
test
unhappy
one
doubt
emboldened
part
expansive
understanding
public
use
adopted
berman
cities
rushed
draw
plans
downtown
development
frieden
sagalayn
downtown
america
rebuilds
cities
families
displaced
urban
renewal
percent
whose
race
known
nonwhite
families
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nonwhites
percent
whites
incomes
low
enough
qualify
public
housing
however
seldom
available
public
works
projects
destroyed
predominantly
minority
communities
paul
minnesota
baltimore
maryland
urban
planners
detroit
michigan
uprooted
largely
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poletown
neighborhood
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motors
corporation
wylie
poletown
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urban
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projects
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blacks
cities
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known
removal
pritchett
public
menace
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urban
renewal
private
uses
eminent
domain
yale
rev
percent
individuals
forcibly
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homes
project
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berman
black
regrettably
predictable
consequence
decision
exacerbate
effects
relies
almost
exclusively
prior
cases
derive
today
dangerous
result
see
ante
principles
employ
dispose
case
found
public
use
clause
justice
peckham
high
opinion
reclamation
laws
see
supra
faced
clash
constitutional
principle
line
unreasoned
cases
wholly
divorced
text
history
structure
founding
document
hesitate
resolve
tension
favor
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meaning
reasons
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reasons
given
justice
dissent
conflict
principle
raised
boundless
use
eminent
domain
power
resolved
petitioners
favor
reverse
judgment
connecticut
footnotes
shall
private
property
taken
public
use
without
compensation
amdt
clause
made
applicable
fourteenth
amendment
see
chicago
chicago
various
state
agencies
studied
project
economic
environmental
social
ramifications
part
process
team
consultants
evaluated
six
alternative
development
proposals
area
varied
extensiveness
emphasis
office
planning
management
one
primary
state
agencies
undertaking
review
made
findings
project
consistent
relevant
state
municipal
development
policies
see
app
remainder
opinion
differentiate
city
nldc
necessary
litigation
pending
superior
nldc
announced
lease
parcels
private
developers
exchange
agreement
develop
land
according
terms
development
plan
specifically
nldc
negotiating
ground
lease
corcoran
jennison
developer
selected
group
applicants
negotiations
contemplated
nominal
rent
per
year
agreement
yet
signed
see
see
also
calder
bull
dall
act
legislature
call
law
contrary
great
first
principles
social
compact
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rightful
exercise
lative
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suffice
explain
mean
law
takes
property
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reason
justice
people
entrust
legislature
powers
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genius
nature
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state
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amount
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legislation
general
principles
law
reason
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zarella
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part
dissenting
part
record
clearly
demonstrates
development
plan
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private
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revitalize
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generating
significant
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public
access
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city
intends
transfer
certain
parcels
private
developer
lease
developer
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lease
office
space
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private
tenants
identities
private
parties
known
plan
adopted
course
difficult
accuse
government
taken
property
benefit
private
interests
identity
unknown
see
dayton
gold
silver
mining
seawell
wl
public
occupation
enjoyment
object
land
condemned
furnishes
true
test
right
eminent
domain
legislature
certainly
constitutional
authority
condemn
lands
private
citizen
purpose
building
hotels
theaters
hotel
used
public
much
railroad
public
right
upon
payment
fixed
compensation
seek
rest
refreshment
public
inn
travel
upon
railroad
upholding
mill
acts
authorized
manufacturers
dependent
dams
flood
upstream
lands
exchange
compensation
approving
takings
necessary
economic
development
west
mining
irrigation
many
state
courts
either
circumvented
use
public
test
necessary
abandoned
completely
see
nichols
meaning
public
use
law
eminent
domain
rev
tracing
development
collecting
cases
example
rejecting
use
public
test
overly
restrictive
nevada
stressed
ining
greatest
industrial
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state
interests
subservient
mountains
almost
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timber
valleys
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purposes
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fact
home
market
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mining
developments
different
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state
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milling
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employment
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men
benefits
derived
business
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much
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among
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mines
mills
present
prosperity
state
entirely
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mining
developments
already
made
entire
people
state
directly
interested
future
developments
unobstructed
obstinate
action
individual
individuals
dayton
gold
silver
mining
wl
see
also
clark
nash
upholding
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authorized
owner
arid
land
widen
ditch
neighbor
property
permit
nearby
stream
irrigate
land
see
mt
cotton
duck
alabama
interstate
power
inadequacy
use
general
public
universal
test
established
ruckelshaus
monsanto
however
rejected
notion
use
public
use
property
taken
put
use
general
public
see
also
clark
opinion
legislature
utah
public
welfare
state
demands
aerial
lines
mines
upon
mountain
sides
railways
valleys
made
impossible
refusal
private
owner
sell
right
cross
land
constitution
require
us
say
wrong
leamer
may
take
account
special
exigencies
extent
arid
wet
lands
plan
irrigation
reclamation
according
districts
may
fairly
regarded
one
promotes
public
interest
nothing
federal
constitution
denies
right
formulate
policy
exercise
power
eminent
domain
carrying
effect
local
situation
state
peculiarly
familiar
judgment
entitled
highest
respect
cf
village
euclid
ambler
realty
misreading
berman
suggest
public
use
upheld
case
initial
removal
blight
see
reply
brief
petitioners
public
use
described
berman
extended
beyond
encompass
purpose
developing
area
create
conditions
prevent
reversion
blight
future
see
enough
experts
believed
remove
existing
buildings
insanitary
unsightly
important
redesign
whole
area
eliminate
conditions
cause
slums
entire
area
needed
redesigning
balanced
integrated
plan
developed
region
including
new
homes
also
schools
churches
parks
streets
shopping
centers
way
hoped
cycle
decay
area
controlled
birth
future
slums
prevented
public
use
berman
defined
narrowly
difficult
justify
taking
plaintiff
nonblighted
department
store
number
cases
illustrate
achievement
public
good
often
coincides
immediate
benefiting
private
parties
see
national
railroad
passenger
corporation
boston
maine
public
purpose
facilitating
amtrak
rail
service
served
taking
rail
track
one
private
company
transferring
another
private
company
brown
legal
foundation
provision
legal
services
poor
valid
public
purpose
worth
noting
hawaii
housing
authority
midkiff
monsanto
boston
maine
property
question
retained
use
even
change
ownership
notably
instant
case
private
developers
berman
required
contract
use
property
carry
redevelopment
plan
see
cases
support
justice
novel
theory
government
may
take
property
transfer
private
parties
initial
taking
eliminates
harmful
property
use
post
dissenting
opinion
nothing
harmful
nonblighted
department
store
issue
berman
see
also
supra
nothing
harmful
lands
issue
mining
agriculture
cases
see
strickley
see
also
nn
supra
certainly
nothing
harmful
trade
secrets
owned
pesticide
manufacturers
monsanto
case
public
purpose
upheld
depended
private
party
future
use
concededly
nonharmful
property
taken
focusing
property
future
use
opposed
past
use
cases
faithful
text
takings
clause
see
amdt
shall
private
property
taken
public
use
without
compensation
justice
intimation
public
purpose
may
achieved
action
private
parties
see
post
confuses
purpose
taking
mechanics
mistake
warned
midkiff
see
also
berman
public
end
may
well
better
served
agency
private
enterprise
department
government
courts
viewed
aberrations
skeptical
eye
see
cents
stores
lancaster
redevelopment
agency
supp
cd
cal
cf
cincinnati
vester
taking
invalid
state
eminent
domain
statute
lack
reasoned
explanation
types
takings
may
also
implicate
constitutional
guarantees
see
village
willowbrook
olech
per
curiam
cf
panhandle
oil
mississippi
ex
rel
knox
holmes
dissenting
power
tax
power
destroy
sits
parade
horribles
especially
unpersuasive
context
since
takings
clause
largely
operates
conditional
limitation
permitting
government
wants
long
pays
charge
eastern
enterprises
apfel
kennedy
concurring
judgment
dissenting
part
speaking
takings
power
justice
iredell
observed
sufficient
urge
power
may
abused
nature
power
tendency
every
human
institution
might
fairly
said
power
taxation
circumscribed
discretion
body
vested
granted
legislature
disregarding
true
objects
might
visionary
useless
projects
impose
tax
amount
nineteen
shillings
pound
must
content
limit
power
consistently
use
must
content
repose
salutory
confidence
calder
opinion
concurring
result
see
also
boston
maine
need
make
specific
factual
determination
whether
condemnation
accomplish
objectives
monsanto
monsanto
argues
epa
implication
congress
misapprehended
true
entry
pesticide
industry
challenged
provisions
law
create
rather
reduce
barriers
entry
economic
arguments
better
directed
congress
proper
inquiry
whether
provisions
fact
accomplish
stated
objectives
review
limited
determining
purpose
legitimate
congress
rationally
believed
provisions
promote
objective
amici
raise
questions
fairness
measure
compensation
see
brief
american
planning
association
et
al
amici
curiae
important
questions
us
litigation
see
county
wayne
hathcock
california
law
instance
city
may
take
land
economic
development
purposes
blighted
areas
cal
health
safety
code
ann
west
see
redevelopment
agency
chula
vista
rados
cal
app
example
argue
need
eminent
domain
greatly
exaggerated
private
developers
use
numerous
techniques
including
secret
negotiations
precommitment
strategies
overcome
holdout
problems
assemble
lands
genuinely
profitable
projects
see
brief
jane
jacobs
amicus
curiae
see
also
brief
john
norquist
amicus
curiae
others
argue
contrary
urging
need
eminent
domain
especially
great
regard
older
small
cities
like
new
london
centuries
development
created
extreme
overdivision
land
thus
real
market
impediment
land
assembly
see
brief
connecticut
conference
municipalities
et
al
amici
curiae
see
also
brief
national
league
cities
et
al
amici
curiae
footnotes
state
constitutions
time
founding
lacked
compensation
clauses
took
property
even
without
providing
compensation
see
lucas
south
carolina
coastal
council
blackmun
dissenting
framers
fifth
amendment
apparently
disagreed
expressly
prohibited
uncompensated
takings
fifth
amendment
incorporated
much
later
see
compare
ante
majority
opinion
noting
state
courts
upheld
validity
applying
mill
acts
private
purposes
arguing
public
test
eroded
time
ryerson
brown
holding
essential
constitutionality
mill
act
statute
require
use
public
fact
words
contain
provisions
entitling
public
accommodations
gaylord
sanitary
dist
chicago
tyler
beacher
sadler
langham
striking
taking
purely
private
road
grist
mill
varner
martin
grist
mill
private
road
open
public
constitute
public
use
harding
goodlett
yerg
jacobs
clearview
water
supply
endorsing
actual
public
use
standard
minnesota
canal
power
koochiching
chesapeake
stone
moreland
app
note
public
use
eminent
domain
rev
calling
actual
public
use
standard
majority
view
citing
cases
also
promoted
alienability
property
abolishing
feudal
quit
rent
system
leases
proprietor
reserved
right
perpetual
payment
rents
tenant
see
vance
quest
tenure
yale
hawaii
housing
authority
midkiff
cited
state
policies
favoring
alienability
land
evidence
government
eminent
domain
power
similarly
expansive
see
uses
regulatory
power
takings
power
therefore
irrelevant
issue
midkiff
mismatch
underscores
error
conflating
state
regulatory
power
taking
power