Supreme Court Docket Report - October Term, 2004 – Number 1

Originally published September 28, 2004

Recently the Supreme Court granted certiorari in three cases of interest to the business community. Amicus briefs in support of petitioners will be due on Friday, November 12, 2004, and amicus briefs in support of respondents will be due on Friday, December 17, 2004.

1. Takings Clause — Requirement of "Public Use".

The Takings Clause of the Fifth Amendment to the United States Constitution specifies that "private property [shall not] be taken for public use without just compensation." It is well established that the states may exercise their eminent domain power for urban renewal and blight removal. See Berman v. Parker, 348 U.S. 26 (1954); Hawaii Housing Auth. v. Midkiff, 467 U.S. 229 (1984). The Supreme Court granted certiorari in Kelo v. City of New London, No. 04-108, to clarify the scope of the "public use" requirement, and in particular to decide whether a state’s use of the eminent domain power for economic development that falls short