What Happened in the Kelo vs New London Case?

By Anna Duncan

In 2005, the United States Supreme Court delivered a landmark decision in the case of Kelo v. New London. The decision dealt with the issue of eminent domain, which is the government’s ability to take private property for public use.

The Background

The city of New London, Connecticut was struggling economically in the early 2000s. In an effort to revitalize the area, the city created a development plan that included a new research facility for pharmaceutical giant Pfizer and other commercial ventures. However, many of the properties needed for this development were privately owned.

One of those property owners was Susette Kelo, who had purchased her home in 1997 and had spent considerable time and money renovating it. Kelo and other homeowners in the area refused to sell their properties to the city, arguing that eminent domain should not be used to benefit private companies.

The Case

The case eventually made its way to the Supreme Court, which ruled in favor of New London by a 5-4 vote. The court held that economic development could be considered a public use under the Fifth Amendment’s Takings Clause.

Justice John Paul Stevens wrote for the majority, stating that “promoting economic development is a traditional and long accepted governmental function” and that it was within the city’s discretion to determine what constituted public use.

The Fallout

The decision was met with widespread criticism from both sides of the political spectrum. Many conservatives argued that it represented an overreach of government power, while some liberals saw it as evidence of corporate influence over government policy.

In response to public outcry, many states passed laws limiting or prohibiting eminent domain for private use. However, some critics argue that these laws have not gone far enough in protecting property rights.

Despite these criticisms, Kelo v. New London remains an important precedent in property law and continues to shape debates over government power and individual rights.

Conclusion

The Kelo v. New London decision was a controversial moment in the history of eminent domain. While it allowed for broader interpretations of public use, it also sparked a national conversation about the role of government in property rights.

As we continue to grapple with issues of economic development and individual rights, it is important to remember the lessons of this case and to strive for a more equitable balance between public good and private property.