ABSTRACT
In Berman v. Parker (1954), the US Supreme Court upheld an urban-development statute that authorized the government to condemn privately owned land through the power of eminent domain in order to resell it to new owners interested in redeveloping the property for private use. The statute established a land agency that could acquire, through the power of eminent domain, private property in areas targeted for urban renewal. After taking the property, the agency was authorized to sell it to new private owners who agreed to develop the land in accordance with the agency's plan. In an opinion written by Justice William O. Douglas, the US Supreme Court unanimously upheld the redevelopment statute. Once the government decided to pursue a public purpose, the Takings Clause became a means to achieve that end. As a result, Berman legitimized beautification as a reason to exercise the power of eminent domain.
