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Berman v. Parker
''Berman v. Parker'', is a landmark decision of the United States Supreme Court that interpreted the Fifth Amendment's Takings Clause: "nor shall private property be taken for public use, without just compensation" in the Fifth Amendment of the United States Constitution. The court voted 8-0,〔Justice Robert H. Jackson did not participate, having died 10 days before oral arguments were heard. Jackson's successor, John Marshall Harlan II, would not take his seat on the Court until March 1955.〕 holding private property could be taken for a public ''purpose'' with just compensation. This case laid the foundation for the Court's later important public use cases, ''Hawaii Housing Authority v. Midkiff'', 467 U.S. 229 (1984) and ''Kelo v. City of New London'', 545 U.S. 469 (2005). Critics of recent occurrences of eminent domain uses trace what they view as property rights violations to this case.
== Background ==
The United States Congress passed the District of Columbia Redevelopment Act of 1945 to address the vast blighted area found in the District of Columbia. The Act created a commission of five members called the District of Columbia Redevelopment Land Agency and granted it the power to redevelop blighted areas and eliminate any "blighting factors or causes of blight." The act granted the Agency the power of eminent domain, if necessary, to transfer private property from the original owner to a private entity to serve the public purpose of redevelopment. The Act was not only concerned with clearing slums but also with modernizing the urban environment.
The first project under the Act was Project Area B in Southwest Washington, D.C. In 1950, a comprehensive plan for the area was published after surveys indicated that in that area, "64.3% of the dwellings were beyond repair, 18.4% needed major repairs, only 17.3% were satisfactory; 57.8% of the dwellings had outside toilets, 60.3% had no baths, 29.6% lacked electricity, 82.2% had no wash basins or laundry tubs, 83.8% lacked central heating." The plan made provisions for the types of dwelling units and provided that "at least one-third of them () to be low-rent housing with a maximum rental of $17 per room per month." The plan was approved by the Commissioners and the Agency began redevelopment of the area. It was during the beginning stages of this redevelopment that the plaintiffs brought suit to challenge the constitutionality of the taking of their department store, located at 712 Fourth Street, S.W. in Area B.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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