Have Redevelopment Agencies Gone Too Far Using the Power of Eminent Domain? The Supreme Court May Soon Tell Us

  • October 20, 2004
  • • Written by: Sean O'Connor 

Fall 2004, Vol 29, No 3

Abstract: Few would disagree that redevelopment—in its traditional context—can be beneficial to society. Redevelopment has been responsible for revitalizing blighted and dilapidated communities where the previous property owners were either unwilling or economically unable to improve the property on their own. But while few would deny the possible benefits of redevelopment, few would also disagree that redevelopment, with its attendant power of eminent domain, is subject to abuse. This is primarily because although the Fifth Amendment places a “public use” limitation on the power of eminent domain, the term “public use” is largely undefined and left to the determination of local governmental entities.