High court to decide when cities can seize private land

[Judi Lynn]

Sept. 28, 2004, 8:34PM

High court to decide when cities can seize private land
Case involves town's plan to raze homes, businesses for riverfront hotel
By GINA HOLLAND
Associated Press

WASHINGTON - The Supreme Court agreed Tuesday to decide when local governments may seize people's homes and businesses against their will to make way for projects like shopping malls and hotel complexes that produce more tax revenue.

The court already has given governments broad power to take private property through eminent domain, provided the owner is given "just compensation." These situations often involve blighted neighborhoods.

But in recent years, more cities and towns have been accused of abusing their authority, razing nicer homes to make way for parking lots for casinos and other tax-producing businesses.

"If you own a home, if you own a small business, this could directly affect you," said Scott Bullock, senior attorney for the Institute for Justice, a Washington public interest law firm representing the landowners.

In agreeing to hear a Connecticut case early next year, justices will revisit an issue they last dealt with 20 years ago. The court unanimously ruled then that Hawaii could take land from owners of large properties and resell it to others, and determined that such decisions were best left to elected leaders.
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