Sustainable Development Sustainable Development Tragedy of the Commons
Sustainable Development
Sustainable Development • Tragedy of the Commons pollution & overutilization of limited resources • Sustainable development • Brownfields • Conservation easements
Eminent Domain Takings Clause, Amendment 5 of the U. S. Constitution: "[N]or shall private property be taken for public use, without just compensation. " • Government sponsored projects can “take” private property for public use -- as long they pays “just compensation” • Kelo dissent – sees this as a limitation on government action
Kelo v. City of New London, 545 U. S. 469 (2005). Does use of eminent domain for economic redevelopment violate the “takings clause” of the Constitution? 5 -4 No a. Public Purpose = Public Use b. Economic development = Public Purpose c. 5 th Amendment is NOT violated if eminent domain is used for economic development purposes d. Incidental benefit to private developer is okay.
States can decide: • Kelo case (2005) holds that taking property for economic development projects does not violate the 5 th Am. of the federal Constitution. • Is it wise public policy to exercise eminent domain authority to foster economic redevelopment?
Eminent Domain Issues • Does public purpose = public use? • Should eminent domain authority be allowed for economic development purposes? • Should public resources be used as funding mechanisms to benefit privately owned economic development projects? • Should eminent domain authority be able to be transferred to private entities?
• Examine specific state laws regarding eminent domain, TIFs and blight and their relationship to sustainable development. • Discuss synergy between environmentalists, developers, lenders and insurers regarding Brownfield redevelopment projects. • Discuss the social justice and property rights issues associated with Brownfield redevelopment.
- Slides: 8