No. 24-670

Bowers Development, LLC v. Oneida County Industrial Development Agency, et al.

Lower Court: New York
Docketed: 2024-12-20
Status: Denied
Type: Paid
Amici (4)Relisted (2) Experienced Counsel
Tags: eminent-domain judicial-review private-to-private-transfer property-rights public-use-clause rational-basis-review
Key Terms:
Takings FifthAmendment
Latest Conference: 2025-03-21 (distributed 2 times)
Question Presented (AI Summary)

Does the Public Use Clause require more than minimal rational-basis review when the government takes private property for transfer to a specifically identified private owner?

Question Presented (OCR Extract)

QUESTIONS PRESENTED Kelo v. City of New London, 545 U.S. 469 (2004), held that when the government uses eminent domain to take property from a private owner to give it to a different private owner—where the taking occurs as part of a comprehensive plan and where the identity of the new private owner was unknown at the time of the taking—the taking may be justified by asserted secondary public benefits subject only to minimal rational-basis review. The questions presented are: 1. Does the Public Use Clause require something more than minimal rational-basis review when the government takes land from one private owner to give it to a specifically identified private owner outside the context of a comprehensive plan? 2. Should Kelo be overturned?

Docket Entries

2025-03-24
Petition DENIED.
2025-03-05
DISTRIBUTED for Conference of 3/21/2025.
2025-02-28
Electronic record received from the Appellate Division, Supreme Court of New York, Fourth Judicial Department.
2025-02-18
Record Requested.
2025-02-05
DISTRIBUTED for Conference of 2/21/2025.
2025-02-03
2025-02-03
Reply of Bowers Development, LLC submitted.
2025-01-21
2025-01-21
2025-01-21
2025-01-21
Brief amicus curiae of County of Oneida filed.
2025-01-21
Brief of respondents Oneida County Industrial Development Agency, et al. in opposition filed.
2025-01-21
Amicus brief of The Buckeye Institute submitted.
2025-01-21
Amicus brief of Cato Institute and Professor Ilya Somin submitted.
2025-01-21
Amicus brief of County of Oneida submitted.
2025-01-21
Brief of Oneida County Industrial Development Agency, et al. in opposition submitted.
2024-12-18
Petition for a writ of certiorari filed. (Response due January 21, 2025)

Attorneys

Bowers Development, LLC
Robert James McNamaraInstitute for Justice, Petitioner
Andrew Heller WardInstitute for Justice, Petitioner
Cato Institute and Professor Ilya Somin
Ilya Somin — Amicus
Central Utica Building, LLC
Amy M. HabibLippes Mathias LLP, Respondent
County of Oneida
John S. BalzanoOneida County Attorneys Office, Amicus
Oneida County Industrial Development Agency, et al.
Paul Joseph GoldmanGoldman Attorneys PLLC, Respondent
The Buckeye Institute
David Christian TryonThe Buckeye Institute, Amicus