Supreme Court Decision Emphasizes the Importance of Planning

By Paul Farmer, AICP

The Supreme Court faced a difficult decision in the Kelo v. City of New London case. In the 5-4 opinion issued today, the Court emphasized the importance of linking eminent domain to a community's comprehensive plan. This decision validates the essential role of planning in ensuring fairness in the eminent domain process.

The Court's decision need not strike fear into every property owner's mind; it will not open the floodgates for eminent domain use. The Court specifically mentions that a determining factor in their decision was the city's "comprehensive character of the plan" and the "thorough deliberation that preceded [the plan's] adoption." The Justices determined that the plan and the thorough planning process ensured that the project truly met the Constitution's "public use" standard.

Using eminent domain for the benefit of the community as a whole is never easy. It is one of many valuable tools planners and elected officials use to create communities that enrich people's lives. Without eminent domain, adapting to the challenges presented by growth and change would be even more difficult, if not impossible.

Eminent domain is a tool that should be used with caution, and only as a last resort. The Court stressed that cities and planners have the power to exercise eminent domain if it is done thoughtfully and is consistent with the implementation of a community's comprehensive development plan.

The American Planning Association (APA) strongly believes that citizens should be justly compensated with fair market value when eminent domain is used. Furthermore, APA holds that it is important to preserve the ability of local governments to use redevelopment tools and techniques, including eminent domain when appropriate, to achieve well-defined public purposes to create communities of lasting value.

This decision, coupled with the 9-0 decisions handed down in the Lingle and San Remo cases issued earlier this term, shows that the Supreme Court is "staying the course" with long-standing principles of U.S. land-use law. The court has refused to introduce radical and potentially troubling new concepts into a system that fairly balances rights and responsibilities.

The opinion, albeit difficult, underscores the importance of the planning process. The planning process involves everyone: residents, businesses, civic leaders, elected officials and planners alike. It's not easy, but a democratic planning process with meaningful public participation is the appropriate way to proceed. This community engagement is necessary to keep our cities growing and prosperous.

Paul Farmer is the Executive Director and CEO of the American Planning Association.