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Schneider v. District of Columbia

United States District Court for the District of Columbia

117 F. Supp. 705 (1953)

Relevant factsFree

The District of Columbia (defendant) adopted a 1945 urban renewal plan authorizing the seizure of title to roughly 15 city blocks of slum or blighted property, with title then transferring to private developers who had to make at least a third of the new housing low-rent. Schneider and Morris (plaintiffs) owned a department store and hardware store within the renewal zone that District agencies seized. They sued, arguing the plan unconstitutionally used eminent domain to transfer property to private parties for private use, and that "blighted areas" was too vague a term to properly delegate condemnation power; they also argued the plan shouldn't reach commercial properties or parcels where no actual slum existed.

IssueFree

Whether seizing title to real estate for the public purpose of preventing or eliminating slums falls within eminent domain, even if the property is put to a non-public use after seizure, so long as the seizure is necessary to eliminate a slum or reasonably expected to prevent one from developing.

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