Kelo v. New London

Susette Kelo, et al. v. City of New London, et al.,http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=04-108 more commonly Kelo v. New London, is a land-use law case argued before the United States Supreme Court on February 22, 2005. The case arose from a city's use of eminent domain to condemn privately owned real property so that it could be used for economic development. The Court held that "the city's proposed disposition of this property qualifies as a 'public use' within the meaning of the Takings Clause of the Fifth Amendment."

History

The case was appealed from a decision in favor of the city of New London by the Supreme Court of Connecticut, which found that the use of eminent domain for economic development (the central focus of the case) did not violate the public use clauses of the state and federal constitutions. The court found that if an economic project creates new jobs, increases tax and other city revenues, and revitalizes a depressed (even if not blighted) urban area, it qualifies as a public use. The court also found that government delegation of eminent domain power to a private entity was also constitutional as long as the private entity served as the legally authorized agent of the government.

Related Topics:
Supreme Court of Connecticut - Urban area

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The United States Supreme Court granted certiorari to consider questions last raised in Berman v. Parker, 348 U.S. 26 (1954). Namely, does the Fifth Amendment protect landowners from the use of eminent domain for economic development, rather than, as in Berman, for the elimination of slums and blight.

Related Topics:
Certiorari - Berman v. Parker - 348 U.S. 26 - 1954 - Fifth Amendment - Slum - Blight

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