Overview
On Friday, January 21, 2005, the Massachusetts Chapter of the National Association of Industrial and Office Properties (NAIOP) filed an amicus (friend of the court) brief with the United States Supreme Court in a case that is receiving substantial national attention -- Kelo v. City of New London. The brief was prepared by attorneys at Goodwin Procter LLP.
The central issue in the case is whether states and municipalities may exercise the power of eminent domain to benefit the general public when it involves transferring condemned property to a private real estate developer. NAIOP is protective of private property rights, but is also aware that private developments have the ability to benefit communities in a variety of ways. Benefits include: providing places to live and work; improving aesthetics and community safety; revitalizing the economy; increasing community identity and pride; creating housing and retail opportunities; adding jobs, including construction and permanent jobs, and increasing tax revenues.
NAIOP supports the ability of state and local governments to exercise the power of eminent domain (which includes the payment of just compensation to those whose land is taken), as a tool of last resort. It enables development projects to proceed in those communities where the public benefits of doing so are widely recognized.
“The Kelo case is an important one which will most definitely have ramifications on development projects throughout the country,” said David Begelfer, CEO, NAIOP Massachusetts. “We are hopeful that the Court will recognize the public benefits associated with this case.”
On February 22, the US Supreme Court heard arguments for the case and a decision is expected in the near future.
Related Resources
Copy of NAIOP Amicus Brief in Kelo v. City of New London
Boston Business Journal (2/21/05) by Michelle Hillman: NAIOP Eminent Domain
