Supreme Court Rules for Property Seizure

In an important eminent domain case, the U.S. Supreme Court ruled in June that local governments may seize homes and businesses to make way for private projects that serve a public purpose by promoting economic development.

As a member service, RAGFL continues to follow the issue for you and will continue to provide resources on the decision and its local and national implications.

RECENT NEWS AND DEVELOPMENTS

7/27/05

Politicians trying to ease public's fear of governments seizing property. Politicians throughout the state and the nation are trying to calm citizens frightened and outraged by last month's U.S. Supreme Court ruling that lets governments take private property to make way for redevelopment. In Tallahassee, Rep. Marco Rubio, R-Miami, is leading a committee that will study the state Constitution and recommend how to strengthen private property rights. Gov. Jeb Bush has said he would support such legislation.The use of eminent domain has caused a stir in South Florida, particularly in Hollywood. Commissioner Beam Furr has suggested amending the city's charter to protect homeowners who don't want to sell to developers. His idea drew mixed reviews from fellow commissioners, who will formally address the issue in the fall. Source: Sun-Sentinel. Read Full Story.

7/27/05

Eminent domain backlash akin to `Boston Tea Party'. Since the Supreme Court sanctioned the seizure of private homes by municipal governments for private ''economic development,'' a firestorm of reaction has broken out. To call it a backlash would hardly do it justice. Calling it an unprecedented uprising to nullify a decision of the highest court of the land would be more accurate. Source: Miami Herald. Read Full Story.

7/22/05

States, cities struggle over eminent domain. Supreme Court ruling on private property sparks debate. Of all the decisions by the Supreme Court this past term -- on issues from the Ten Commandments to medical marijuana -- nothing has stirred up emotions more than a ruling on private property rights. The court said homeowners can be forced to move and sell -- even to another private owner -- if the land would be used to benefit the local economy. Cities are pushing to take advantage of the ruling, while states rush to try to undo it. NBC Nightly News. Read Full Story.

BACKGROUND

Analyses of the case:

Brief history of the case and NAR's plan of action:

Text of the decision:

Coverage in REALTOR® Magazine Online and other News Sources:

REALTOR.org resources: