Cole v. La Grange

Citations

113 U.S. 1
5 S. Ct. 416
28 L. Ed. 896
1885 U.S. LEXIS 1645

Syllabus

<p>The general grant of legislative power in the Constitution of a State does not authorize the legislature, in the ecxerise either of the right of eminent domain, or of the right of taxation, to take private property, without the owner’s consent, for any but a public object. •</p> <p>The .legislature of Missouri has no constitutional bower to authorize a city to issue its bonds by way of donation to a private manufacturing corporation.</p>

About this case

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1885 United States Supreme Court case

Cole v. City of La Grange, 113 U.S. 1 (1885), was a United States Supreme Court case in which the court held that the general grant of legislative power in a state constitution only enables the legislature to use eminent domain or taxation to take private property, without the owner's consent, for a public purpose.[1] [2] [3]

Background

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The city of La Grange attempted to use eminent domain to condemn property for the benefit of La Grange Iron and Steel Company to expand that served no public benefit.

Decision

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The Court held that the Missouri legislature could not authorize La Grange to issue bonds to assist corporations in their private business.

Citation in future cases

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The case was cited in the dissenting opinion of Justice Thomas in _Kelo v. City of New London _, 545 U.S. 469 (2005).

References

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↑ Syllabus of Cole v. City of La Grange, 113 U.S. 1 (1885). This article incorporates text from this source, which is in the public domain .
↑ Paul W. Tschetter, Kelo v. New London: A Divided Court Affirms the Rational Basis Standard of Review in Evaluating Local Determinations of Public Use, 51 S.D. L. Rev. 193, 216 n.166 (2006).
↑ Charles J. Fain, The Use of the Power of Eminent Domain by Missouri Electric Cooperatives, 17 Mo. L. Rev. 159 (April 1952).