Berman v. Parker Case Brief

Summary of Berman v. Parker

Citation: 348 U.S. 26

Relevant Facts: Congress passed the D.C. Redevelopment Act in 1945 – a bill that created the D.C. Redevelopment Land Agency, an agency that was tasked with identifying and redeveloping blighted neighborhoods in the district. Congress gave the agency power of eminent domain, enabling it to seize private property when needed for the public interest, provided that just compensation was provided to the private owners. Berman and co-appellants owned a department store in a declared blighted area that the commission decided to seize for a beautification project. They sued in federal district court challenging that the act was unconstitutional. Their case was dismissed, so they appealed to the Supreme Court for relief.

Issues: The legal question presented was whether the D.C. Redevelopment Agency’s seizure of Berman’s and others’ property was a violation of the Fifth Amendment’s Takings Clause?

Holding: The Court held that no, Berman and others’ constitutional rights had not been violated.

Reasoning: The Supreme Court unanimously reasoned that the Fifth Amendment does not limit Congress’ power to seize private property so long as appropriate compensation is provided to the private owners. Decisions pertaining to how certain properties qualify for seizure is part of Congressional authority and cannot be limited. The Court ruled that “If those who govern the District of Columbia decide that the Nation’s Capital should be beautiful as well as sanitary, there is nothing in the Fifth Amendment that stands in the way.”

Conclusion: This case was incredibly important because it was a landmark case regarding the topic of eminent domain, which opened the door for future cases that dealt with the ability of municipalities to seize private property from unwilling property owners, as long as compensation is provided to them and as long as the seizure is claimed to be for the public good.



Copyright © 2001-2012 4LawSchool.com. All rights reserved. Privacy Policy HotChalk Partner