berman
parker
argued
october
decided
november
district
columbia
redevelopment
act
constitutional
applied
taking
appellants
building
land
used
solely
commercial
purposes
power
eminent
domain
pursuant
comprehensive
plan
prepared
administrative
agency
redevelopment
large
area
district
columbia
eliminate
prevent
slum
substandard
housing
conditions
even
though
property
may
later
sold
leased
private
interests
subject
conditions
designed
accomplish
purposes
pp
power
congress
district
columbia
includes
legislative
powers
state
may
exercise
affairs
pp
subject
specific
constitutional
limitations
legislature
judiciary
main
guardian
public
needs
served
social
legislation
enacted
exercise
police
power
principle
admits
exception
merely
power
eminent
domain
involved
sit
determine
whether
particular
housing
project
desirable
congress
decides
nation
capital
shall
beautiful
well
sanitary
nothing
fifth
amendment
stands
way
object
within
authority
congress
right
realize
exercise
eminent
domain
clear
public
purpose
established
means
executing
project
congress
congress
alone
determine
say
public
ownership
sole
method
promoting
public
purposes
community
redevelopment
project
beyond
power
congress
utilize
agency
private
enterprise
purpose
authorize
taking
private
property
resale
lease
private
parties
part
project
beyond
power
congress
authorized
agencies
attack
problem
blighted
parts
community
area
rather
basis
redevelopment
entire
area
balanced
integrated
plan
include
new
homes
also
schools
churches
parks
streets
shopping
centers
plainly
relevant
maintenance
desired
housing
standards
therefore
within
congressional
power
pp
standards
contained
act
sufficiently
definite
sustain
delegation
authority
administrative
agencies
execute
plan
eliminate
slums
also
blighted
areas
tend
produce
slums
public
purpose
established
amount
character
land
taken
project
need
particular
tract
complete
integrated
plan
rests
discretion
legislature
pp
redevelopment
agency
considers
necessary
carrying
redevelopment
project
take
full
title
land
distinguished
objectionable
buildings
located
thereon
may
rights
property
owners
satisfied
receive
compensation
fifth
amendment
exacts
price
taking
james
toomey
joseph
schneider
argued
cause
appellants
brief
albert
ginsberg
solicitor
general
sobeloff
argued
cause
appellees
assistant
attorney
general
morton
oscar
davis
roger
marquis
george
riseling
william
cheatham
brief
district
columbia
redevelopment
land
agency
national
capital
planning
commission
appellees
vernon
west
chester
gray
milton
korman
harry
walker
hampton
baumgartner
filed
brief
renah
camalier
louis
prentiss
commissioners
district
columbia
appellees
justice
douglas
delivered
opinion
appeal
judgment
district
dismissed
complaint
seeking
enjoin
condemnation
appellant
property
district
columbia
redevelopment
act
stat
code
challenge
constitutionality
act
particularly
applied
taking
appellants
property
district
sustained
constitutionality
act
supp
act
congress
made
legislative
determination
owing
technological
sociological
changes
obsolete
factors
conditions
existing
district
columbia
respect
substandard
housing
blighted
areas
including
use
buildings
alleys
dwellings
human
habitation
injurious
public
health
safety
morals
welfare
hereby
declared
policy
protect
promote
welfare
inhabitants
seat
government
eliminating
injurious
conditions
employing
means
necessary
appropriate
purpose
section
goes
declare
acquisition
property
necessary
eliminate
housing
conditions
congress
finds
ends
attained
ordinary
operations
private
enterprise
alone
without
public
participation
sound
replanning
redevelopment
obsolescent
obsolescing
portion
district
accomplished
unless
done
light
comprehensive
coordinated
planning
whole
territory
district
columbia
environs
acquisition
assembly
real
property
leasing
sale
thereof
redevelopment
pursuant
project
area
redevelopment
plan
hereby
declared
public
use
section
creates
district
columbia
redevelopment
land
agency
hereinafter
called
agency
composed
five
members
granted
power
acquire
assemble
eminent
domain
otherwise
real
property
redevelopment
blighted
territory
district
columbia
prevention
reduction
elimination
blighting
factors
causes
blight
section
act
directs
national
capital
planning
commission
hereinafter
called
planning
commission
make
develop
comprehensive
general
plan
district
including
plan
designates
land
use
housing
business
industry
recreation
education
public
buildings
public
reservations
general
categories
public
private
uses
land
section
authorizes
planning
commission
adopt
redevelopment
plans
specific
project
areas
plans
subject
approval
district
commissioners
public
hearing
prescribe
various
public
private
land
uses
respective
areas
standards
population
density
building
intensity
amount
character
class
housing
planning
commission
adopts
plan
plan
approved
commissioners
planning
commission
certifies
agency
point
agency
authorized
acquire
assemble
real
property
area
id
real
estate
assembled
agency
authorized
transfer
public
agencies
land
devoted
public
purposes
streets
utilities
recreational
facilities
schools
lease
sell
remainder
entirety
parts
redevelopment
company
individual
partnership
leases
sales
must
provide
lessees
purchasers
carry
redevelopment
plan
use
shall
made
land
real
property
included
lease
sale
building
structure
erected
thereon
conform
plan
preference
given
private
enterprise
public
agencies
executing
redevelopment
plan
first
project
undertaken
act
relates
project
area
southwest
washington
planning
commission
prepared
published
comprehensive
plan
district
surveys
revealed
area
dwellings
beyond
repair
needed
major
repairs
satisfactory
dwellings
outside
toilets
baths
lacked
electricity
wash
basins
laundry
tubs
lacked
central
heating
judgment
district
director
health
necessary
redevelop
area
interests
public
health
population
area
amounted
persons
negroes
plan
area
specifies
boundaries
allocates
use
land
various
purposes
makes
detailed
provisions
types
dwelling
units
provides
least
housing
maximum
rental
per
room
per
month
public
hearing
commissioners
approved
plan
planning
commission
certified
agency
execution
agency
undertook
preliminary
steps
redevelopment
area
suit
brought
appellants
property
area
fourth
street
used
dwelling
place
habitation
department
store
located
appellants
object
appropriation
property
purposes
project
claim
property
may
taken
constitutionally
project
commercial
residential
property
slum
housing
put
project
management
private
public
agency
redeveloped
private
public
use
argument
contention
appellants
private
property
taken
contrary
two
mandates
fifth
amendment
person
shall
deprived
property
without
due
process
law
shall
private
property
taken
public
use
without
compensation
take
purpose
ridding
area
slums
one
thing
quite
another
argument
goes
take
man
property
merely
develop
better
balanced
attractive
community
district
agreeing
general
argument
saved
act
construing
mean
agency
condemn
property
reasonable
necessities
slum
clearance
prevention
concept
slum
existence
conditions
injurious
public
health
safety
morals
welfare
supp
power
congress
district
columbia
includes
legislative
powers
state
may
exercise
affairs
see
district
columbia
thompson
deal
words
traditionally
known
police
power
attempt
define
reach
trace
outer
limits
fruitless
case
must
turn
facts
definition
essentially
product
legislative
determinations
addressed
purposes
government
purposes
neither
abstractly
historically
capable
complete
definition
subject
specific
constitutional
limitations
legislature
spoken
public
interest
declared
terms
conclusive
cases
legislature
judiciary
main
guardian
public
needs
served
social
legislation
whether
congress
legislating
concerning
district
columbia
see
block
hirsh
legislating
concerning
local
affairs
see
olsen
nebraska
lincoln
union
northwestern
california
state
association
maloney
principle
admits
exception
merely
power
eminent
domain
involved
role
judiciary
determining
whether
power
exercised
public
purpose
extremely
narrow
one
see
old
dominion
ex
rel
welch
public
safety
public
health
morality
peace
quiet
law
order
conspicuous
examples
traditional
application
police
power
municipal
affairs
yet
merely
illustrate
scope
power
delimit
see
noble
state
bank
haskell
miserable
disreputable
housing
conditions
may
spread
disease
crime
immorality
may
also
suffocate
spirit
reducing
people
live
status
cattle
may
indeed
make
living
almost
insufferable
burden
may
also
ugly
sore
blight
community
robs
charm
makes
place
men
turn
misery
housing
may
despoil
community
open
sewer
may
ruin
river
sit
determine
whether
particular
housing
project
desirable
concept
public
welfare
broad
inclusive
see
lighting
missouri
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
object
within
authority
congress
right
realize
exercise
eminent
domain
clear
power
eminent
domain
merely
means
end
see
luxton
north
river
bridge
gettysburg
electric
object
within
authority
congress
means
attained
also
congress
determine
one
means
chosen
use
private
enterprise
redevelopment
area
appellants
argue
makes
project
taking
one
businessman
benefit
another
businessman
means
executing
project
congress
congress
alone
determine
public
purpose
established
see
luxton
north
river
bridge
supra
cf
highland
russell
car
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
said
also
disposes
contention
concerning
fact
certain
property
owners
area
may
permitted
repurchase
properties
redevelopment
harmony
plan
legitimate
means
congress
agencies
may
adopt
choose
present
case
congress
authorized
agencies
attack
problem
blighted
parts
community
area
rather
basis
opposed
appellants
maintain
since
building
imperil
health
safety
contribute
making
slum
blighted
area
swept
redevelopment
plan
mere
dictum
planning
commission
commissioners
particular
uses
made
land
project
determined
regard
needs
particular
community
experts
concluded
community
healthy
revert
blighted
slum
area
though
possessed
congenital
disease
area
must
planned
whole
enough
believed
remove
existing
buildings
insanitary
unsightly
important
redesign
whole
area
eliminate
conditions
cause
slums
dwellings
lack
parks
lack
adequate
streets
alleys
absence
recreational
areas
lack
light
air
presence
outmoded
street
patterns
believed
piecemeal
approach
removal
individual
structures
offensive
palliative
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
cf
gohld
realty
hartford
hunter
redevelopment
authority
diversification
future
use
plainly
relevant
maintenance
desired
housing
standards
therefore
within
congressional
power
district
suggested
broad
scope
intended
statute
standards
contained
act
sufficiently
definite
sustain
delegation
authority
supp
agree
think
standards
prescribed
adequate
executing
plan
eliminate
slums
narrowly
defined
district
also
blighted
areas
tend
produce
slums
property
may
course
taken
redevelopment
standing
innocuous
unoffending
said
enough
indicate
need
area
whole
congress
agencies
evaluating
owner
owner
permitted
resist
redevelopment
programs
ground
particular
property
used
public
interest
integrated
plans
redevelopment
suffer
greatly
argument
pressed
us
indeed
plea
substitute
landowner
standard
public
need
standard
prescribed
congress
already
stated
community
redevelopment
programs
need
force
constitution
piecemeal
basis
lot
lot
building
building
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
see
shoemaker
ex
rel
welch
supra
carmack
district
indicated
grave
doubts
concerning
agency
right
take
full
title
land
distinguished
objectionable
buildings
located
supp
share
doubts
agency
considers
necessary
carrying
redevelopment
project
take
full
title
real
property
involved
may
courts
determine
whether
necessary
successful
consummation
project
unsafe
unsightly
insanitary
buildings
alone
taken
whether
title
land
included
function
courts
sort
choose
among
various
parcels
selected
condemnation
rights
property
owners
satisfied
receive
compensation
fifth
amendment
exacts
price
taking
judgment
district
modified
opinion
affirmed
act
define
either
slums
blighted
areas
section
however
substandard
housing
conditions
means
conditions
obtaining
connection
existence
dwelling
dwellings
housing
accommodations
human
beings
lack
sanitary
facilities
ventilation
light
dilapidation
overcrowding
faulty
interior
arrangement
combination
factors
opinion
commissioners
detrimental
safety
health
morals
welfare
inhabitants
district
columbia