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Kelo vs. New London

Kelo vs. New London. Zach Messersmith 12/5/2006. Eminent Domain. Legal right of government to seize private land for public good Government receives power from the 5 th amendment. 5 th Amendment. …nor shall property be taken for public use without just compensation. What is public use?.

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Kelo vs. New London

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  1. Kelo vs. New London Zach Messersmith 12/5/2006

  2. Eminent Domain • Legal right of government to seize private land for public good • Government receives power from the 5th amendment

  3. 5th Amendment • …nor shall property be taken for public use without just compensation

  4. What is public use? • School • Roads • Police Stations • Shopping Malls? • Business Complexes?

  5. What is just compensation • Value of land at fair market value • More than fair market value given that land was not for sale • Often contested • Many lawsuits result

  6. Kelo vs. City of New London, CT • U.S. Supreme Court Case • Argued February 22, 2005 • Decided June 23, 2005 • 5-4 Decision

  7. City of New London • Failing economy • Pfizer to build business complex • Develop area around business complex to encourage further growth • Need land that was residential area to create shopping to boost the economy

  8. City of New London • Found many willing sellers • Some difficulty with others • Key properties being held by owners • Started a petition to get properties condemned

  9. Kelo • Susette Kelo and others in neighborhood unwilling to sell • Worked hard to restore home • Value of home and land was very high because of the personal work that she had put in

  10. Lower Court Opinions • Trail Court stated that some of the land could be taken and other land was protected • Connecticut Supreme Court partially upheld takings and partially reversed taking of land

  11. Supreme Court Decision • 5-4 Decision • Majority opinion written by Stevens • Dissenting opinion written by O’ Connor

  12. Majority Opinion • Order of way the city went about things was seen as important • Had a plan • Tax revenue to benefit all

  13. Dissenting Opinion • Reverse Robin Hood • Could become the norm • Removes need for words “for public good” from 5th Amendment

  14. Previous Eminent Domain Decisions • Hawaii Housing Authority vs. Midkiff • Berman vs. Parker

  15. Reaction to Kelo • President Bush makes executive order on June 23, 2006 • Only has effect on Federal government • State and Local use eminent domain more often

  16. Reaction to Kelo • 8 States only allow for eminent domain to be used in cases of blight • 5 more states thinking about making similar laws

  17. Reaction to Kelo • Christian Science Monitor polls states the 93% of people disagreed with decision • AARP and NAACP speak out against ruling

  18. Reaction to Kelo • Senator John Cornyn proposes law in Congress • With hold federal funds from projects like New London

  19. Reaction to Kelo • Corporations that would have benefited from decision speak out • CEO of $116.3 Billion lending company says no loan for some contracts

  20. Post Kelo • City of New London demands back rent • Total amount of about $10,000

  21. Kelo Today • New London agreed to move Kelo’s home • Lots where home was located sits empty

  22. Kelo Today

  23. What is the effect of Kelo • Elimination of cheap housing • More ability to get rid of run down housing more easily

  24. Eminent Domain in Normal

  25. References • http://www.law.cornell.edu/supct/html/04-108.ZS.html • http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentv • http://en.wikipedia.org/wiki/Kelo_v._City_of_New_London • http://money.cnn.com/2005/01/05/real_estate/thursday_takings/

  26. References • http://library.cqpress.com/cqweekly/search.php • http://newfirstsearch.oclc.org/WebZ/FSPrefs?entityjsdetect=:javascript=true:screensize=large:sessionid=fsapp3-59637-evcjkjpg-u2a9l7:entitypagenum=1:0

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