CONSTITUTIONAL LAW- EMINENT DOMAIN - POWER OF STATE TO CONDEMN LAND FOR LOW-COST HOUSING AND TRANSFER TO THE UNITED STATES

Authors

Oscar Freedenberg, University of Michigan Law SchoolFollow

Abstract

Public low-cost housing legislation on a national scale in this country began with title II, section 202 of the National Industrial Recovery Act of 1933, which authorized the administrator to embark upon a program for "construction, reconstruction, alteration, or repair under public regulation or control of low-cost housing and slum-clearance projects." But soon thereafter, in United States v. Certain Lands in the City of Louisville, a majority of the United States Circuit Court of Appeals for the Sixth Circuit decided that the N.I.R.A. was unconstitutional so far as it attempted to authorize the condemnation of land by the United States for slum clearance, because the national power of eminent domain is limited to such uses as are necessary to carry out the powers expressly delegated to Congress.

Recommended Citation

Oscar Freedenberg, CONSTITUTIONAL LAW- EMINENT DOMAIN - POWER OF STATE TO CONDEMN LAND FOR LOW-COST HOUSING AND TRANSFER TO THE UNITED STATES, 39 Mich. L. Rev. 457 (1941).
Available at: https://repository.law.umich.edu/mlr/vol39/iss3/8