Supreme Court Declines to Hear Eminent Domain Case

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The United States Supreme Court bypassed an opportunity to revisit its much publicized 2005 Kelo v. City of New London decision that upheld governmental power to use eminent domain for economic development. Without comment, the Court declined to hear Didden v. Village of Port Chester, a case from New York, that challenged the village's 1999 redevelopment plan and ultimate use of eminent domain to acquire property for development of a run-down 27-acre urban renewal area and replace it with a retail center including a Walgreens. By the time the village was ready to acquire the property in 2002, the property owner had already leased the land to a competing drugstore chain.

Both the Federal District Court in Manhattan and the U.S. Court of Appeals for the Second Circuit dismissed the lawsuit based on the property owner's failure to file his lawsuit within the three-year statute of limitations from the time of the adoption of the redevelopment plan. The property owner had argued the clock did not start running until the village announced it was going to take his property.

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