The main news story for Thursday June 23, 2005 was the U. S. Supreme Court’s
5-4 decision in the Kelo case holding that a governmental body can use eminent domain to take a private citizen’s home and turn it over to business interests under the guise of economic development.
As sad as that news is, the Kelo decision does not affect the citizens of Memphis with respect to the Riverfront Development Corporation’s plan to commercially develop the Public Promenade. That issue has already been
decided by the TN Supreme Court. In 1965 the court held that the city only has an easement to the property and cannot transfer any interest in it to a private developer. [1] Furthermore, in 1867 -100 years earlier - the court held that the Promenade could not be condemned.[2]
Read more »