The Federalist Society

Berman and Beyond: The Misuse of Blight Laws and Eminent Domain

April 8, 2004

Scott Bullock, Dana Berliner

One of the primary methods used by government to take property through eminent domain for redevelopment projects is to declare a particular area to be blighted. In blight cases, the purported purpose of the condemnation is the elimination of blight—the removal of a public harm. The U.S. Supreme Court in Berman v. Parker, held that the condemned properties at issue were “injurious to the public.” Thus, the Berman Court decided that the properties could, consistent with the Constitution, be transferred to private parties because the public purpose of the condemnation was the elimination of blight....

Berman and Beyond: The Misuse of Blight Laws and Eminent Domain  


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