Sotomayor’s Eminent Domain Stance: What Does It Mean for Cities?

Supreme Court nominee Sonia Sotomayor is dominating the conversation in Washington as analysts begin  to dig into her past rulings. And while she has yet to weigh in on abortion, the judge has spoken loud and clear on an issue of interest to livable streets advocates: eminent domain.

2009_04_soniasoto.jpgSupreme Court nominee Sonia Sotomayor (Photo: Gothamist)

As a judge on the Second Circuit Court of Appeals, Sotomayor ruled against property owners in Didden v. Village of Port Chester, a case that centered on plans for a CVS drug store in Westchester County.

Lawyer and blogger Ilya Somin, who urged the Supreme Court to consider the Didden case, has a thorough -- if undeniably subjective -- summary of the case here. In an unsigned judgment, Sotomayor's court ultimately allowed the Westchester developer to condemn the land belonging to plaintiff Didden and build a competing pharmacy, despite the questionable public-use benefit that would result from the taking.

During her confirmation hearing, Sotomayor is likely to get pointed questions on Didden from conservatives who were dismayed when the nation's highest court ruled in favor of eminent domain rights in 2005's Kelo v. New London. But should urbanites, and livable streets advocates in particular, also be concerned by the nominee's stance on takings of private property?

Read more...