Berman v. Parker
1954 United States Supreme Court case / From Wikipedia, the free encyclopedia
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Berman v. Parker, 348 U.S. 26 (1954), is a landmark decision of the United States Supreme Court that interpreted the Takings Clause ("nor shall private property be taken for public use, without just compensation") of the Fifth Amendment to the United States Constitution. The Court voted 8–0[1] to hold that private property could be taken for a public purpose with just compensation. The 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).
Berman v. Parker | |
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Argued October 19, 1954 Decided November 22, 1954 | |
Full case name | Berman et al., Executors v. Parker, et al. |
Citations | 348 U.S. 26 (more) 75 S. Ct. 98; 99 L. Ed. 27; 1954 U.S. LEXIS 1463 |
Holding | |
The taking of private property for a public purpose, provided that just compensation is paid, does not violate the Fifth Amendment. | |
Court membership | |
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Case opinion | |
Majority | Douglas, joined by unanimous |
Laws applied | |
U.S. Const. amend. V, District of Columbia Redevelopment Act of 1945 |
Critics of recent occurrences of eminent domain uses trace what they view as property rights violations to this case.