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Sustainable Development

Sustainable Development. Sustainable Development. Tragedy of the Commons pollution & overutilization of limited resources Sustainable development Brownfields Conservation easements. Eminent Domain.

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Sustainable Development

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  1. Sustainable Development

  2. Sustainable Development • Tragedy of the Commons pollution & overutilization of limited resources • Sustainable development • Brownfields • Conservation easements

  3. Eminent Domain Takings Clause, Amendment 5 of the U.S. Constitution: "[N]or shall private property be taken for public use, without just compensation." • Government sponsored projects can “take” private property for public use -- as long they pays “just compensation” • Kelo dissent – sees this as a limitation on government action

  4. Kelo v. City of New London, 545 U.S. 469 (2005). Does use of eminent domain for economic redevelopment violate the “takings clause” of the Constitution? 5-4 No a. Public Purpose = Public Use b. Economic development = Public Purpose 5th Amendment is NOT violated if eminent domain is used for economic development purposes Incidental benefit to private developer is okay.

  5. States can decide: Kelo case (2005) holds that taking property for economic development projects does not violate the 5th Am. of the federal Constitution. Is it wise public policy to exercise eminent domain authority to foster economic redevelopment?

  6. Eminent Domain Issues Does public purpose = public use? Should eminent domain authority be allowed for economic development purposes? Should public resources be used as funding mechanisms to benefit privately owned economic development projects? Should eminent domain authority be able to be transferred to private entities?

  7. Examine specific state laws regarding eminent domain, TIFs and blight and their relationship to sustainable development. • Discuss synergy between environmentalists, developers, lenders and insurers regarding Brownfield redevelopment projects. • Discuss the social justice and property rights issues associated with Brownfield redevelopment.

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