Case Summary
The Supreme Court held that the city’s use of eminent domain power to take private property for the purpose of furthering its economic development plan did not run afoul of the constitutional “public use” requirement. In her dissenting opinion, Justice O’Connor (joined by Chief Justice Rehnquist and Justices Scalia and Thomas) cited Becket’s amicus brief to highlight the uniquely burdensome effect an expansive view and overuse of eminent domain poses to houses of worship, church schools, and religious social service organizations like soup kitchens. The Institute for Justice was counsel in this case.