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Article: Economic Development Is Proper Use for Eminent Domain, Supreme Court Says.
- Article from:
- Mondaq Business Briefing
- Article date:
- June 29, 2005
CopyrightCOPYRIGHT 2005 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Originally published June 24, 2005
For more than 50 years, courts have allowed local governments to use the power of eminent domain not just to clear slums or eliminate blight but also to facilitate pure economic development projects. But, in reaction to abuses of eminent domain, during the last eight years state courts from Illinois to Arizona, Oklahoma, and New Jersey have checked local governments by delivering restrictive rulings based on the "public use" requirement of eminent domain. After the Michigan Supreme Court overruled its authoritative 1981 decision in Poletown Neighborhood Council v. City of Detroit last year and held that eminent domain could not ...