County of Wayne v. Edward Hathcock (2004)
From Judgepedia
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SUMMARY: Justice Young, writing for the unanimous Court (joined by Justices Corrigan, Taylor, and Markman; with separate concurrence by Justice Weaver, and partial concurrence and partial dissent from Justices Cavanagh and Kelly), ruled that the plain language of the state's constitution governs takings of private property by the government, and such takings may not be loosely construed as "public use" when the use in question is private development and resulting tax receipts.
- In this eminent domain case, the County of Wayne initiated condemnations of 19 parcels of land south of Metropolitan Airport with the ultimate goal of creating a business and technology park complete with hotel, conference center and recreational activities. The County argued that the job creation and tax revenues from this project amounted to "public use" of the property pursuant to article 10, section 2 of the 1963 constitution. The plain language of article 10, section 2 includes the following: "'Public use' does not include the taking of private property for transfer to a private entity for the purpose of economic development or enhancement of tax revenues." Defendant Hathcock and fellow property owners argued successfully that the transfer of their properties to private parties was inconsistent with the understanding of "public use" at the ratification of the 1963 constitution. Justice Young (Justice Taylor concurring) wrote that the condemnations did not advance a "public use" and reversed the lower court rulings.
- Justice Weaver concurred but wrote a separate opinion, noting that her only departure from the majority's opinion is that "I dissent from the majority’s holding that “public use” must be interpreted as it would have been by those “sophisticated” or “versed in the law” at the time of the 1963 Constitution’s ratification and from their application of that holding to the facts of this case."
- Justice Cavanaugh (also writing for Justice Kelly) concurred but wrote a separate opinion to depart from the majority opinion that the decision should be applied retroactively, and that therefore, the County of Wayne would be allowed to proceed with the eminent domain proceedings.
For the full text of the case County of Wayne v. Edward Hathcock (2004), see this link.
