Difference between revisions of "Berman v. Parker"
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Subsequent decisions cited the ''Berman'' precedent by allowing the taking of almost any private property by a legislative finding that the area was "blighted". | Subsequent decisions cited the ''Berman'' precedent by allowing the taking of almost any private property by a legislative finding that the area was "blighted". | ||
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Revision as of 06:49, March 11, 2007
Berman v. Parker 348 U.S. 26 (1954) is the leading U.S. Supreme Court decision that authorized the taking of private property for a public purpose (clearing blighted property) rather than a public use (such as constructing a government building).
In Berman, the Court upheld a taking of a slum based on "[p]ublic safety, public health, morality, peace and quiet, law and order." Id. at 32.
Subsequent decisions cited the Berman precedent by allowing the taking of almost any private property by a legislative finding that the area was "blighted".