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The Institute for Justice (IJ) is a non-profit public interest law firm in the United States. [4] [5] [6] It has litigated twelve cases before the United States Supreme Court dealing with eminent domain, interstate commerce, public financing for elections, school vouchers, tax credits for private school tuition, civil asset forfeiture, and residency requirements for liquor license.
Kelo v. City of New London, 545 U.S. 469 (2005), [1] was a landmark decision by the Supreme Court of the United States in which the Court held, 5–4, that the use of eminent domain to transfer land from one private owner to another private owner to further economic development does not violate the Takings Clause of the Fifth Amendment.
That view ended in 1896 when, in the Chicago, Burlington & Quincy Railroad Co. v. City of Chicago case, the court held that the eminent domain provisions of the Fifth Amendment were incorporated in the Due Process Clause of the Fourteenth Amendment and thus were now binding on the states, or in other words, when the states take private property ...
The case laid the foundation for the Court's later important public use cases, Hawaii Housing Authority v. Midkiff, 467 U.S. 229 (1984) and Kelo v. City of New London, 545 U.S. 469 (2005). Critics of recent occurrences of eminent domain uses trace what they view as property rights violations to this case.
The zoning power is derived from the state's police power, while the eminent domain power is derived from the Takings Clause of the United States Constitution's Fifth Amendment. However, at least one court has applied the RLUIPA in an eminent-domain case because the authority to condemn the property came from the city's zoning scheme. [19]
The Uniform Relocation Assistance and Real Property Acquisition Policies Act (1970) ("URA") was passed by the U.S. federal government in 1970. It was intended to ensure fair compensation and assistance for those whose property was compulsorily acquired for public use under eminent domain law.
A hearing on Tuesday raised questions about a railroad company’s use of eminent domain in one of Georgia’s poorest areas. After three days of hearings in November, an officer for the Georgia ...
The firm has only represented property owners whose property has been taken or damaged by the exercise of the power of eminent domain, or by other government action in inverse condemnation actions. The firm has won precedent-setting cases in the field of takings law, including Commissioner of Highways v.