Justice Stevens delivered the opinion of the Court,
in which Justices Kennedy, Souter, Ginsburg, and Breyer joined.



There's Hope !!
H.R. 4128: roll call


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with O’Connor, Rehnquist, Scalia, and Thomas dissenting, like so:
"[n]ow that we have authorized local legislative bodies to decide that a different commercial or industrial use of property will produce greater public benefits than its present use, no homeowner’s, merchant’s or manufacturer’s property, however productive or valuable to its owner, is immune from condemnation for the benefit of other private interests that will put it to a ‘higher’ use."
-- opinion of Fitzgerald**
   cited by Justice O'Connor's in her dissent of this case

** Justice Fitzgerald's opinion was from a case in 1981 which pitted Poletown Neighborhood Council against the City of Detroit, 410 Mich., at 644-645, 304 N. W. 2d, at 464. A taking occurred of a working-class, immigrant community in Detroit -- giving it to a General Motors assembly plant.