In our last column, we discussed County of Wayne v. Hathcock, a decision by the Michigan Supreme Court in July of this year overturning Poletown Neighborhood Council v. Detroit, 410 Mich. 616, 304 NW2d 455 (1981). Therein, the court held that there could not be a condemnation based upon an economic benefit to the community as this was not a “public use” such as is contemplated in the Michigan Constitution. That constitutional language echoes constitutional provisions in most, if not all, states as well as the Fifth Amendment to the U.S. Constitution.
In the opening sentence to that column (The New York Law Journal, Aug. 25, 2004, at p. 3), we stated: “We have been hearing a drumbeat of complaints from around the country [about] the increasing use of the power of eminent domain to acquire property and turn it over to private developers in the name of economic benefit to the community as it is not a ‘public use’ . . . .”
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