Eminent Domain: Berman vs. Parker & Kelo vs. New London

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Questions and Answers

In the Berman vs. Parker case, what was the central argument made by the attorneys representing Frank’s Department Store?

  • The taking of private property for redevelopment constituted a taking from one private entity for the benefit of another. (correct)
  • The redevelopment project would lead to a decline in property values in the surrounding areas.
  • The store was not located in a blighted area and therefore should not be subject to eminent domain.
  • The redevelopment plan did not adequately compensate the store owner for the loss of business.

How did the Supreme Court's decision in Berman vs. Parker (1954) influence the interpretation of 'public use' in eminent domain cases?

  • It expanded the definition of 'public use' to include 'public purpose,' encompassing broader community benefits. (correct)
  • It limited 'public use' to projects directly managed and owned by the government.
  • It maintained a strict interpretation of 'public use,' focusing solely on physical infrastructure improvements.
  • It narrowed the definition of 'public use' to exclude aesthetic considerations.

What justification did the Supreme Court provide in Berman vs. Parker for upholding the use of eminent domain in the redevelopment project?

  • The redevelopment project was essential for attracting new businesses and increasing tax revenue.
  • The individual store's structural deficiencies posed a direct threat to public safety.
  • The store owner refused to cooperate with the redevelopment authorities.
  • The Court determined that it was within the legislature's power to ensure a community is 'beautiful...healthy, spacious...clean, well balanced'. (correct)

In the context of the Kelo decision, what initial event spurred the redevelopment efforts in the Fort Trumbull neighborhood of New London, Connecticut?

<p>The U.S. Navy announced the closure of the Naval Undersea Warfare Center. (A)</p> Signup and view all the answers

How does the Berman vs. Parker case relate to the concept of urban redevelopment and the use of eminent domain?

<p>It established a precedent for using eminent domain for broad urban renewal efforts aimed at community improvement. (B)</p> Signup and view all the answers

What was a primary goal of the New London Municipal Development Plan that directly relates to economic stimulus?

<p>Generating jobs, tax revenue, and associated economic activity for New London. (B)</p> Signup and view all the answers

In the context of the Kelo v. New London case, what legal precedent was affirmed?

<p>Berman vs. Parker (A)</p> Signup and view all the answers

What specific type of facility was planned to be constructed on the abandoned mill site adjacent to Fort Trumbull?

<p>Global Research and Development Headquarters. (C)</p> Signup and view all the answers

What was the total area covered by the New London Municipal Development Plan project?

<p>80 acres (D)</p> Signup and view all the answers

Besides the office and R&D space, what other commercial element was included in the New London Municipal Development Plan?

<p>A 250-room hotel. (C)</p> Signup and view all the answers

What action did Susette Kelo take in response to the city's eminent domain claim on her property?

<p>She objected to eminent domain and legally contested the city's actions. (D)</p> Signup and view all the answers

How did the New London development plan propose to enhance the city's appeal and functionality?

<p>By developing a project to build momentum for the revitalization of downtown New London. (B)</p> Signup and view all the answers

What type of facility was located near the Fort Trumbull area and the proposed development site, influencing the municipality's planning considerations?

<p>A Pfizer Site. (C)</p> Signup and view all the answers

Which of the following best describes the shift in the application of eminent domain from its original form to its expanded form?

<p>From serving a demonstrable public <em>use</em> to serving a broader public <em>purpose</em>. (C)</p> Signup and view all the answers

According to the content, what was a key factor that led to the urban renewal projects in Southwest Washington D.C.?

<p>The area being designated as ‘blighted’ due to severely deteriorated living conditions. (C)</p> Signup and view all the answers

What was a significant demographic consequence of the urban renewal project in Southwest Washington D.C., according to the content?

<p>The displacement of a large number of African American residents. (B)</p> Signup and view all the answers

In the context of eminent domain and urban renewal, what does 'public purpose' entail?

<p>Benefits that could be exclusive, such as private marinas or corporate parks. (A)</p> Signup and view all the answers

Which of the situations below is the best example of the expanded interpretation of eminent domain following the Berman vs. Parker case?

<p>The government acquires land for transfer to a private developer who will build a shopping mall expected to increase local tax revenue. (B)</p> Signup and view all the answers

What was a common critique of urban renewal projects like the one undertaken in Southwest Washington D.C.?

<p>They often resulted in the displacement of vulnerable populations. (A)</p> Signup and view all the answers

What was the main argument of the two small businesses who opposed the urban renewal plan in the Berman vs. Parker case?

<p>The plan primarily benefited large corporations at the expense of small businesses. (C)</p> Signup and view all the answers

What was the justification for Washington D.C. urban renewal agency proposing acquisition and demolition of a large area as part of redevelopment plan?

<p>To address the severe public health and safety issues stemming from the blighted conditions in the area. (A)</p> Signup and view all the answers

What was the primary legal justification used by the US Supreme Court in upholding the zoning ordinance in Village of Euclid v. Ambler Realty?

<p>The zoning was related to police power and promoted health, safety, and general welfare. (D)</p> Signup and view all the answers

In the context of zoning regulations, what is the main purpose of 'area regulations' as applied in Euclidean Zoning?

<p>To control the size and placement of buildings, parking requirements, and signage within a zone. (C)</p> Signup and view all the answers

Before the Village of Euclid v. Ambler Realty case, what was the status of zoning legality in the United States?

<p>Zoning legality was uncertain and faced legal challenges. (B)</p> Signup and view all the answers

What is a key criticism of 'Euclidean Zoning' in contemporary urban planning?

<p>It often leads to segregation of land uses and can reduce community connectivity. (B)</p> Signup and view all the answers

Which of the following best describes the core principle of eminent domain?

<p>The government's right to acquire private property for public use with just compensation. (D)</p> Signup and view all the answers

What was the significance of the US Department of Commerce's involvement in zoning during the early 1920s?

<p>It provided a model 'State Enabling Act' to encourage the adoption of zoning at the state level. (C)</p> Signup and view all the answers

The Fifth Amendment to the U.S. Constitution relates to eminent domain by requiring what?

<p>Fair market value must be paid when private property is taken for public use. (A)</p> Signup and view all the answers

How did the Village of Euclid v. Ambler Realty case influence the development of zoning practices in the United States?

<p>It established 'Euclidean Zoning' as the standard zoning model. (D)</p> Signup and view all the answers

What is the role of the Fourteenth Amendment in the process of eminent domain?

<p>It guarantees property owners the right to due process of law. (C)</p> Signup and view all the answers

What was Ambler Realty's primary contention in the Village of Euclid v. Ambler Realty case?

<p>The village's zoning ordinance did not allow them to pursue desired industrial development. (A)</p> Signup and view all the answers

According to Euclidean zoning principles, how are communities typically structured concerning land use?

<p>Communities are divided into distinct districts, each designated for specific uses like residential, commercial, or industrial. (C)</p> Signup and view all the answers

The process of eminent domain typically involves which sequence of events?

<p>Government announces project, property valuation, negotiation with owner, potential litigation. (B)</p> Signup and view all the answers

In the eminent domain process, if a property owner and the government authority cannot agree on a fair price for the property, what is the next step?

<p>The issue may proceed to court for a determination of fair value. (B)</p> Signup and view all the answers

Which entities have the power to exercise eminent domain?

<p>Federal, state, and local governments (D)</p> Signup and view all the answers

Historically, what has eminent domain been used for?

<p>National defense, parks, infrastructure, and public works. (C)</p> Signup and view all the answers

What does "just compensation" in the context of eminent domain refer to?

<p>Fair market value for the property. (C)</p> Signup and view all the answers

An agency wants to acquire private land to build a new public hospital. According to eminent domain principles, what must the agency do?

<p>The agency must first negotiate with the landowner and provide just compensation. (C)</p> Signup and view all the answers

A local government plans to use eminent domain to acquire several properties for a private company to build a shopping mall. Which aspect of eminent domain is most likely to be questioned in court?

<p>Whether the shopping mall qualifies as 'public use'. (A)</p> Signup and view all the answers

The loss of Penn Station in 1963 directly contributed to what key development in New York City?

<p>The establishment of the New York City Landmarks Law to prevent future demolitions of historic structures. (B)</p> Signup and view all the answers

In the Penn Central Transportation Co. v. New York City (1978) case, what was the Supreme Court's rationale for upholding the New York City Landmarks Law?

<p>The Landmarks Law did not constitute a 'taking' because Penn Central could still profit from the terminal and obtain a 'reasonable return' on its investment. (A)</p> Signup and view all the answers

The Property Rights Movement, which began in the 1980s, was primarily a reaction against what?

<p>Environmental regulations such as wetland protection and the Endangered Species Act. (B)</p> Signup and view all the answers

How are 'takings impact analyses,' often associated with ballot initiatives during the Property Rights Movement, related to the concept of eminent domain?

<p>They are legally distinct but publicly linked, as both involve governmental actions affecting private property rights. (A)</p> Signup and view all the answers

What is the primary effect of 'exclusionary or restrictive zoning' practices, such as large minimum lot sizes and minimum house sizes, on housing prices?

<p>They increase housing prices by limiting the supply of affordable housing. (B)</p> Signup and view all the answers

What were some of the stated goals often associated with restrictive zoning practices?

<p>Ensuring safety, maintaining quiet neighborhoods, and supporting good schools. (B)</p> Signup and view all the answers

What is 'white flight' and what effect did it have on urban areas?

<p>The mass movement of white residents from urban areas to suburbs, contributing to urban decline and segregation. (D)</p> Signup and view all the answers

What was the primary goal of Mount Laurel Township, NJ, in the 1960s and 1970s, that led to legal challenges?

<p>To attract upscale residential development and increase the town's tax base. (C)</p> Signup and view all the answers

In the context of the Mount Laurel case, what actions did the town take that negatively impacted lower-income residents?

<p>The town rezoned for more affluent residential development, stepped up code enforcement, and did not offer relocation assistance. (D)</p> Signup and view all the answers

What was the primary concern of the anti-poverty group in the Mount Laurel case that led them to propose an alternative zoning plan?

<p>The displacement of existing residents without providing affordable housing options. (D)</p> Signup and view all the answers

Flashcards

Eminent Domain

The government's right to acquire private property for public use with compensation.

Public Use

The purpose for which property is claimed under eminent domain, considered beneficial for the community.

Fifth Amendment

Constitutional protection ensuring property cannot be taken without just compensation for public use.

Just Compensation

The payment owed to a property owner when their property is taken under eminent domain.

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Fourteenth Amendment

Provides that no person shall be deprived of property without due process of law.

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Process of Eminent Domain

The procedure by which the government acquires private property for public use.

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Negotiation

A part of the eminent domain process where the agency and property owner discuss compensation.

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Federal Government Actions

Eminent domain actions taken by the national government, often significant, such as during WWII.

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Local Example of Eminent Domain

Specific instances of eminent domain used at the local level, like Prospect Mountain.

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Public Works Projects

Infrastructure projects such as roads and parks that can use eminent domain.

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Berman vs. Parker

A landmark Supreme Court case in 1954 that upheld eminent domain for redevelopment purposes.

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Public Purpose

A broad category in eminent domain that includes benefits like physical, aesthetic, and monetary improvements to the community.

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9-0 Decision

The unanimous ruling by the Supreme Court in the Berman vs. Parker case, affirming the use of eminent domain.

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Context of Blight

The rationale for eminent domain based on addressing broader community issues like blight.

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Kelo Decision

A significant 2005 Supreme Court case focusing on eminent domain and private development, expanding its scope further.

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Urban Renewal

A process to improve urban areas often involving the relocation and demolition of existing properties.

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Blighted Area

A region marked by significant decay and neglect, often targeted for redevelopment.

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Impacts of Urban Renewal

Urban renewal can lead to displacement of residents and creation of new developments at different price levels.

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Physical and Aesthetic Benefits

Improvements in the physical environment and appearance of an area as a result of urban renewal projects.

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Displacement Effects

Consequences of urban renewal that often include forcing residents to relocate, disproportionately affecting minority groups.

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Community Benefits

Outcomes from urban renewal that aim to provide advantages to the community, although sometimes limited to certain groups.

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Fort Trumbull Municipal Development Plan

A plan approved in 2000 aimed at revitalizing Fort Trumbull in New London.

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Goals of the MDP

Four main objectives including job creation and maximizing public water access.

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Susette Kelo

Homeowner who famously opposed the Fort Trumbull redevelopment.

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200,000 square foot Office & R&D

Part of the redevelopment plan, promoting business and research space.

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Mixed-use Development

A type of development combining residential, commercial, and recreational spaces.

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250 Room Hotel

A hotel planned as part of the redevelopment, enhancing tourism.

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Revitalization of downtown New London

An intention to rejuvenate and energize the central area of New London.

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Zoning

A system of land use regulation by local government to control development.

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Village of Euclid vs. Ambler Realty

A 1926 Supreme Court case that upheld zoning laws.

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Euclidean Zoning

Zoning model that divides community into use districts like commercial and residential.

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Use Districts

Specific areas designated for different types of activities, like residential or industrial.

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Area Regulations

Rules controlling the size and location of buildings and their features.

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Police Power

Government authority to regulate for health, safety, and general welfare.

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Zoning Ordinance

A legal document that outlines zoning laws and regulations.

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Criticism of Euclidean Zoning

Argument that it separates land uses, hindering community networking.

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Penn Station Loss

The demolition of Penn Station in 1963 sparked the historic preservation movement.

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Landmarks Law

New York City's law adopted in 1965 to protect historic buildings after Penn Station's demolition.

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Penn Central Case

Supreme Court decision in 1978 that upheld NYC's Landmarks Law regarding air rights of Grand Central Station.

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Property Rights Movement

Initiative starting in the 1980s against environmental regulations affecting property use.

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Exclusionary Zoning

Zoning laws that create barriers for affordable housing through large lot sizes and minimum standards.

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Mount Laurel Case

A landmark case addressing zoning laws that limit affordable housing in Mount Laurel, NJ.

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White Flight

The trend of white populations moving out of urban areas during the 1960s and 1970s.

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Affordable Housing Crisis

A situation where there is a lack of available, affordable places for low-income residents.

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Anti-Poverty Group Advocacy

Efforts by organizations to create policies for affordable housing and support displaced residents.

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Haines' Stance

Bill Haines' controversial quote reflecting the town's disregard for the lower-income residents.

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Study Notes

This Week's Schedule

  • Today: Chapter 5 - Legal Basis of Planning
  • Thursday: Chapter 7 - Social Issues and Making of Ferguson & Yonkers Housing Case

Quiz 1 Information

  • Quiz 1: Tuesday, February 11th
  • Topics covered for the quiz include: Lectures to date, Chapters 2, 3, 4, 5, and 7, Making of Ferguson, and Yonkers Housing Case

Group Project

  • Email instructor by Friday, February 13th if you know who you want to work with for the group project.

Color of Law

  • Book by Richard Rothstein
  • Explores the history of how the government segregated America.
  • Eminent Domain:

    • Government's right to acquire private property for public use with compensation.
    • Used for national defense, parks, infrastructure, and public works.
    • Includes examples of federal, state, and local use of eminent domain.
    • Key Concepts:
      • Acquisition of private property by the government or its agents.
      • Compensation required for the property.
  • Public Control of Private Property:

    • Zoning and regulations of private property, without using eminent domain.
    • Specific example: Buchanan vs. Warley (1917); Supreme Court decision overturned a Louisville ordinance prohibiting Black people from owning or occupying property in white neighborhoods.
    • Focus on property rights, not civil rights.
    • Zoning regulations affecting building size, heights, setback requirements, and use districts.
    • Example of zoning: Euclid vs. Ambler Realty (1926); US Supreme court upholds zoning ordinances.
  • Federal, State, and Municipal Authority:

    • State involvement in planning.
    • Local governments derive powers from higher levels of government.
    • Dillon Rule vs Home Rule in New York.

Eminent Domain and Its Uses

  • Right of government to acquire private property; public use requires compensation
  • Historical examples include Rock Creek Park.
  • Often used in large-scale public works projects.
  • Important aspects of development
  • Examples include the acquisition of land for national defense, parks, and construction projects.

Eminent Domain and the Constitution

  • Fifth Amendment: Private property cannot be taken for public use without just compensation.
  • Fourteenth Amendment: No person shall be deprived of life, liberty, or property without due process of law.
  • Property protection is a cornerstone of the law.

Process of Eminent Domain

  • Steps involved in the acquisition process for public use.
  • Covers actions taken by both the agency and property owners.
  • Key stages include agency announcements, property valuation, offer to owners, negotiations, court involvement (litigation or settlement), and compensation payment to owners.

Evolution of Eminent Domain

  • Berman vs. Parker (1954); Supreme court decision that broadened the definition of "public use" to include "public purpose" benefits to community.
  • Kelo vs City of New London (2005); A landmark case that redefined and limited eminent domain.
  • Legal and political challenges and controversies arising due to various eminent domain practices.

Reaction to Eminent Domain

  • Local community challenges and legislative changes in response to rulings and new practices.
  • 2005 Kelo decision impacts states efforts to implement eminent domain.
  • Individual and community responses.
  • Legal battles and debates about economic development, public purpose takings, community revitalization, and homeowner, resident, and affected property rights.

Public Control of Private Property

  • Zoning adoption nationwide.
  • 1916 NYC adopts zoning laws, establishing precedents in municipal planning.
  • 1921-1924 Municipal jurisdictions adopting zoning and the establishment of the US Department of Commerce creating model laws, fostering zoning nationwide.
  • Euclid vs Ambler Realty Co. (1926)- zoning regulations
  • NYC's evolution in zoning laws.
  • Landmark examples of zoning laws nationwide.
  • Challenges related to this type of planning

High Volume Hydraulic Fracturing and Municipal Home Rule in New York

  • State pre-emption vs local municipality home rule impacting drilling regulations.
  • Case Studies and examples illustrating the concepts and issues involved.
  • Cases highlighting local vs state control in specific instances

Federal Involvement in Planning

  • Grants and funding: Federal funding is provided to state and local governments.
  • Examples include transportation, education, and public services.
  • Federal regulations: Federal regulations influence standards and practices in planning.
  • Legislation that guides and shapes planning decisions.
  • Federal regulatory bodies which guide planning efforts.

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