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03/10/2008



Supreme Court Rules for Property Seizure

In an important eminent domain case, the U.S. Supreme Court ruled that local governments may seize homes and businesses to make way for private projects that serve a public purpose by promoting economic development.

The decision leaves it up to individual states to establish the rules that cities must follow when exercising eminent domain powers. Some states have stricter standards than those reviewed by the Court in the Connecticut case. NAR's Customized State Smart Growth Legislation program is available to any state REALTOR® association that would like to promote legislation to firm up its state eminent domain law. Under this program NAR will work with state associations to have the necessary legislation drafted and pay half the cost. Learn more about this program.

Since the ruling was announced, REALTOR.org and REALTOR® Magazine Online have followed the issue and will continue to create and highlight resources on the decision and its implications.



Analyses of the case:

From NAR's Government Affairs division (PDF: 145K) >

From NAR's Legal Affairs division >


Brief history of the case and NAR's plan of action:

Resources Coming in Wake of High Court "Takings" Ruling >


Text of the decision:

U.S. Supreme Court opinion (PDF: 318K) >


Coverage in REALTOR® Magazine Online:

Initial News Brief >

"Law Firm Kicks Off Eminent Domain Campaign" >


REALTOR.org resources:

Working Principles on Use of Eminent Domain to Guide REALTOR Associations in Evaluating Proposed Eminent Domain Legislation (PDF: 96K) >

Summary of Existing State Laws That Are Stricter Than Those Used In the Kelo Case (PDF: 262K) >

NAR Field Guide to Private Property Rights >

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