Cole v. City of La Grange
1885 United States Supreme Court case
From Wikipedia, the free encyclopedia
Cole v. City of La Grange, 113 U.S. 1 (1885),[1] 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.
| Cole v. La Grange | |
|---|---|
 | |
| Submitted December 8, 1884 Decided January 5, 1885 | |
| Full case name | Cole v. City of La Grange |
| Citations | 113 U.S. 1 (more) 5 S. Ct. 416; 28 L. Ed. 896; 1885 U.S. LEXIS 1645 |
| Holding | |
| 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. | |
| Court membership | |
| |
| Case opinion | |
| Majority | Gray, joined by unanimous |
Background
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
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
The case was cited in the dissenting opinion of Justice Thomas in Kelo v. City of New London, 545 U.S. 469 (2005).[2]
