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22-02-2005, 09:30 PM
Supreme Court USA

Supreme Court to Hear Compulsory Acquisition of lands

By PETE YOST, Associated Press Writer

WASHINGTON - Residents trying to hang onto their homes in a working class neighborhood of New London, Conn., are waging a battle in the Supreme Court over their city government's attempt to seize property for private economic development.

Susette Kelo and several other homeowners filed a lawsuit after city officials announced plans to bulldoze their residences to clear the way for a riverfront hotel, health club and offices. The residents refused to move, arguing it was an unconstitutional taking of their property.

The case's outcome will have significant implications for so-called eminent domain actions.

There have been over 10,000 instances in recent years of private property being threatened with condemnation or actually condemned by government for private use, according to the Institute for Justice. The group represents the New London residents who filed the case.

The issue revolves around whether a government is serving a public purpose when it uses its power of eminent domain to take land. The Fifth Amendment prohibits taking private property for public use without just compensation. The New London case is not about the amount of compensation being offered, but whether the government can take the property at all.

Over the years, the Supreme Court has deferred to the decision-making of elected state and local officials.

The court said in 1954 that it is legal for urban renewal to encompass non-blighted commercial buildings in a blighted neighborhood. In 1984, the court upheld Hawaii's land reform law that broke the grip of large landowners, with property being taken and then resold to others.

More recently, many cities and towns have been accused of abusing their authority, razing nice homes to make way for parking lots for casinos and other tax-producing businesses.

Alan Cheah
07-03-2005, 07:46 PM
very interesting information.... Thx. :)

21-03-2005, 04:48 PM
Apa hukumnya mencaplok Ambalat ?