Kelo v. City of New London

No. 04-108 ( U.S. June 23, 2005); Clearinghouse Number: 55821

Description

Economic Development Is Sufficient "Public Use" Under Fifth Amendment to Justify Eminent Domain, U.S. Supreme Court Rules

Abstract

Upholding a ruling of the Connecticut Supreme Court, the U.S. Supreme Court allowed city to take property by eminent domain to further an economic development plan and transfer the property to other private owners whose use of the property would generate increased tax revenue and jobs. The Court reasoned that the taking fell within the "public use" requirement of the Fifth Amendment Takings Clause because the economically distressed city's development plan was carefully considered and not meant to benefit a particular person or class of identifiable people. Because economic development is a long-accepted governmental function, it is a public purpose, the court reasoned. Drawing analogy to precedent that upheld takings to facilitate agriculture and mining, the Court underscored that "public use" need not mean use by the public. The Court noted that its holding did not prevent states from restricting their takings power to preclude takings for economic development. Justice O'Connor, joined by three other dissenters, maintained that the majority opinion deviated from precedent which allowed takings to remedy blight or to eliminate concentration of ownership: in those cases, the taking achieved directly the public benefit of eliminating harmful property use, and the subsequent transfer of the property to other private owners was incidental to the public purpose. Justice Thomas, dissenting separately, argued that the public use clause should be read to authorize takings only for actual use by the government or the public.

Additional Information

Attorney Information
Amici curiae represented by Jason Freier, Von A. DuBose, Sarah Shalf, Bondurant, Mixson & Elmore LLP, 3900 One Atlantic Center, 1201 W. Peachtree St., Atlanta, GA 30309 (404.881.4100).
Docket Date
2005-06-23 05:00:00+00:00