Berman v. Parker

Background

Property owners in Southwest Washington’s Project Area B challenged the District of Columbia Redevelopment Act of 1945. The Act created a Planning Commission and a Redevelopment Land Agency to plan and carry out area-wide redevelopment. Surveys showed severe housing defects in Area B and the plan called for mixed uses, including at least one-third low-rent housing. The owners’ property at 712 Fourth Street, S.W., a department store not used as housing, was included in the plan and they sued, claiming the taking violated the Fifth Amendment’s protections against unfair deprivation and taking of private property for public use.

Reasoning

The Court framed the question as whether Congress could authorize area-wide redevelopment takings in the public welfare. The Justices said Congress has broad power over the District like a state’s police power, and legislative findings about public health, safety, morals, and community welfare are entitled to great weight. The Court approved taking land to remake and prevent blighted areas, allowed use of private developers to carry out plans, and stressed that the judiciary’s role is narrow. The Court concluded that so long as the taking serves a public purpose and owners receive just compensation, the statute is constitutional, and affirmed the lower court’s judgment.

Real world impact

The ruling allows redevelopment agencies to include commercial and non-slum properties in area plans, to take full title if needed, and to transfer land to public bodies or private redevelopers. Property owners whose land is taken must be paid just compensation. The decision clears the way for Project Area B to proceed under the approved plan.