Kelo to kill sustainable communities?

In 2005 the United States Supreme Court issued their decision in Kelo v. City of New London 545 U.S. 469 (2005).In a 5-4 decision the Supreme Court approved the taking and transfer of land from one private owner to another for economic redevelopment. The Supreme Court said that the general benefits the public experiences as the result of economic growth make such a taking a valid public use under the fifth amendment.

As a result of Kelo many states passed legislation severely restricting the use of eminent domain and preventing the government from taking private property from one individual and transferring it to another private entity for redevelopment. While the backlash that many expected to come as a result of the Kelo decision never materialized, the Kelo decision and the resulting tidal wave of legislation that was passed in its aftermath could have wide ranging implications for the future development of sustainable communities.

Prior to the legislation passed after Kelo governments were be able to use eminent domain to take private property and transfer it to other private entities such as developers for economic redevelopment projects which would benefit the public through an increased tax basis.In urban areas the vast majority of land is owned by private entities and if one individual resists selling their land to a developer an entire sustainable or mixed use community can be jeopardized.

There is no doubt that sustainable mixed used communities that allow individuals to work, live, shop, and play in one central location without the need for transportation provide a clear benefit to society by decreasing pollution, increasing physical activity and building a sense of community. Without having the ability to use eminent domain to take property from the “hold outs” developers may be reluctant to invest in acquiring the potentially large tracts of land needed to construct such communities. Does your state restrict the use of eminent domain? If so now may be the time to lobby for exceptions for sustainable community exceptions to the legislation.