Berman v. Parker
E579571
Berman v. Parker is a landmark 1954 U.S. Supreme Court case that broadly interpreted the government’s power of eminent domain under the Fifth Amendment to allow property takings for comprehensive redevelopment and public-purpose projects.
Statements (45)
| Predicate | Object |
|---|---|
| instanceOf |
United States Supreme Court case
ⓘ
constitutional law case ⓘ landmark eminent domain case ⓘ |
| appliesTo |
eminent domain
ⓘ
redevelopment of blighted areas ⓘ urban renewal programs ⓘ |
| areaOfLaw |
constitutional law
ⓘ
eminent domain law ⓘ land use law ⓘ |
| arguedDate | 1954-10-19 ⓘ |
| citation | 348 U.S. 26 ⓘ |
| constitutionalProvisionInterpreted | Fifth Amendment Takings Clause NERFINISHED ⓘ |
| country |
United States of America
ⓘ
surface form:
United States
|
| court | Supreme Court of the United States ⓘ |
| decisionDate | 1954-11-22 ⓘ |
| decisionType | unanimous decision ⓘ |
| effect |
endorsed broad deference to legislative judgments about public purpose
ⓘ
expanded governmental authority to condemn property for redevelopment ⓘ |
| fullName | Berman et al. v. Parker et al. NERFINISHED ⓘ |
| geographicFocus | Southwest Washington, D.C. NERFINISHED ⓘ |
| holding |
Congress may authorize the taking of private property as part of a comprehensive redevelopment plan to address urban blight
ⓘ
Once the legislature has spoken, the public purpose of a taking is primarily for the legislature, not the courts, to determine ⓘ Public use under the Fifth Amendment includes public purpose and is not limited to use by the public ⓘ |
| involves | District of Columbia Redevelopment Act of 1945 NERFINISHED ⓘ |
| jurisdiction | District of Columbia NERFINISHED ⓘ |
| keyPhrase |
public welfare is broad and inclusive
ⓘ
values are spiritual as well as physical, aesthetic as well as monetary ⓘ |
| language | English ⓘ |
| legalIssue |
meaning of public use in the Takings Clause
ⓘ
scope of eminent domain power under the Fifth Amendment ⓘ |
| majorityOpinionBy | William O. Douglas NERFINISHED ⓘ |
| page | 26 ⓘ |
| petitioner | Max Morris Berman NERFINISHED ⓘ |
| precedentFor | Kelo v. City of New London NERFINISHED ⓘ |
| recognizedPower | taking non-blighted property as part of a larger redevelopment plan ⓘ |
| relatedConcept |
police power
ⓘ
public purpose ⓘ public use ⓘ urban renewal ⓘ |
| reporter | United States Reports ⓘ |
| respondent | John M. Parker NERFINISHED ⓘ |
| result | upheld the constitutionality of the District of Columbia Redevelopment Act of 1945 ⓘ |
| volume | 348 ⓘ |
| vote | 9–0 ⓘ |
| year | 1954 ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.