For better or worse, the U.S. Supreme Court’s 1954 decision in Berman v. Parker,348U.S. 26 (1954) marks the legal genesis of modern public use jurisprudence. The Court’s opinion in the case is pretty thin on facts, however, and does not provide any real clue regarding what was going on, or how the case came about.
Now, thanks to Albany Law’s Amy Lavine, you can discover the backstory. Urban Renewal and the Story of Berman v. Parker (posted on SSRN here). It’s fascinating reading. From the abstract:
TheSupreme Court’s 1954 decision in Berman v. Parker serves as thefoundation for much of our modern eminent domain jurisprudence,including the controversial 2005 Supreme Court decision in Kelo v. NewLondon. But the story behind the case starts well before 1954, and itcarries implications that are relevant today. It’s a story that playedout in many cities across the nation, just as it did in Washington,D.C., where the case took place. It’s the story of urban decay andurban renewal.
This working paper covers the history ofredevelopment in Southwest Washington, from the turn of the century totoday. It discusses the City Beautiful movement and progressive housingreform in Washington, the rise of public housing and slum clearancepolicies, the urban renewal planning process as it played out inSouthwest D.C., and the demise of urban renewal as a federal policy inthe wake of its failures. The conclusion points out while we mayapproach contemporary economic development projects differently than weapproached urban renewal in the 50s and 60s, much can still be learnedfrom the story behind this landmark case.
Recommended reading.