Kello V. City Of New London Case Study

Improved Essays
Kelo vs City of New London
Kelo v. City of New London case involved the of abuse eminent domain by transferring land from one private owner to another (private owner) in the name of economic development. The case was judged by the Supreme Court of the United States.
The Court decided that private redevelopment plans can be considered "public use" under the Takings Clause of the Fifth Amendment as they benefited the general community because of economic growth qualified as a permissible.
The issue started when in 1998 pharmaceutical giant Pfizer constructed a plant near Fort Trumbull. The City decided that the firm could utilize the land better than Fort Trumbull residents.
The City gave its power of eminent domain to the New London Development Corporation (NLDC) which was a private body to
…show more content…
The vibrancy and richness of the neighborhood was a reflection of the American dream of homeownership and the ideal of community.
When the Fort Trumbull residents found out that private entities were given the government’s power of eminent domain which can be used to justify snatching away property in the name of “economic development,” they decided to legally fight the matter till the end.
The legal fight of the Fort Trumbull's residents ultimately reached the U.S. Supreme Court. The Court in 2005 gave the most controversial ruling in its history. It decided that 'economic development' was a 'public use' under the Fifth Amendment to the U.S. Constitution.
The Supreme Court’s decision against Kelo and her Fort Trumbull neighbors lead to a nation-wide agitation against the abuse of eminent domain. In its aftermath eight state supreme courts and 43 state legislatures strengthened protection of property rights.
Kelo created public awareness about the abuse of eminent domain and since the case happened citizen activists have defeated many projects trying to abuse eminent domain for private

Related Documents

  • Improved Essays

    Selective Incorporation is a constitutional legal code that protects the rights of a citizen that is ensured in the Bill of Rights. It has been used in numerous cases throughout time to remind everyone that every citizen’s rights are protected. Some cases include Town of Greece v. Galloway, McDonald v. Chicago, Benton v. Maryland, and Atkins v. Virginia. In these cases, multiple people were tried for what were misunderstood as wrongdoings. Selective Incorporation is used widely in the judicial branch by judges and the jury to determine a verdict.…

    • 1273 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    Today the land taken in the City of New London lies empty, as a result of the failing plans the NLDC constructed to economically revitalize New London. The Kelo v. City of New London case faced tremendous backlash because it allowed the federal government to seize anyone's property for supposed economic improvement rather than actual public use. This unintended backlash was so strong causing a majority of states to pass laws that were aimed at nullifying Kelo-style takings of private property. Richard Palmer, one of the state supreme court justices who voted with the majority, later apologized to Susette Kelo, telling her he “would have voted differently” had he known what would happen. (Somin).…

    • 214 Words
    • 1 Pages
    Improved Essays
  • Improved Essays

    Susette Kelo Case Summary

    • 1135 Words
    • 5 Pages

    In the year of 2005, the state of New London used its eminent domain authority to seize private property. In this case Susette Kelo was a homeowner in New London, Connecticut that wanted fought for something that was incredibly valuable to her, her very first home that she’d ever owned. For Kilo and her neighbors that decision was a disappointment and the city argued that the city violated the Fifth Amendment. The Fifth Amendment taking clause, which says, “private property shall not be taken for public use, without just compensation,” so they did not hesitate to take this issue to court. The homeowners that wanted to stay were confronted with eviction notices a day before Thanksgiving Day and the public reacted, and they were not happy.…

    • 1135 Words
    • 5 Pages
    Improved Essays
  • Decent Essays

    Shawano Case Summary

    • 559 Words
    • 3 Pages

    “They contaminated the land, and then did nothing about it.” In the late 1960s FMC began selling contaminated land to various entities. Portions of the Site were transferred to residential developers, who sold homes to the plaintiffs. FMC transferred the remaining portion of the Site to the SCSWMA in 1980 who allowed FMC to continue dumping hazardous and toxic waste, according to the lawsuit.…

    • 559 Words
    • 3 Pages
    Decent Essays
  • Decent Essays

    3. First Amendment: Van Orden v. Perry case is about Orden suing Texas about a Ten Commandments monument on the grounds of the state capital building. The question is does a Ten Commandments monument on the grounds of a state capitol building violate the First Amendment’s establishment clause. The decision was it does not.…

    • 244 Words
    • 1 Pages
    Decent Essays
  • Great Essays

    John Mc Cormick Hist 31 TTH 11-12:30 Research Paper The Battle of The Chavez Ravine A small farming community trying to survive in the rapidly expanding and changing City of Los Angeles California, only to be met with false promises from the city leading to their houses being turned into dust. The story of these families who lived in The Chavez Ravine is one filled with political mistrust and ethical dilemmas.…

    • 1815 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    During this process, Wichita could attempt to avoid the time and resources normally spent on Superfund related litigation, and generate some mechanisms to get banks to start lending in the contaminated site again. At the end, City Manager Cherches proposed a tax “decrement” plan in which the city would devalue the affected properties. At the same time immediately raise values back to pre-contamination levels and use those tax funds to pay for the…

    • 762 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    Van Orden v. Perry Ramos, 2 Van Orden v. Perry: Government Involvement in Religious Practices Frank Ramos Liberty High School AP Government 3AB Van Orden v. Perry was a U.S. Supreme Court case held in 2005, about a Texas resident that argued that the capital of Texas was violating the Establishment Clause by having the Ten Commandments on the grounds of the state capital building (Chicago-Kent College of Law, 2015). The Establishment Clause is found in the first amendment and states that no law shall be passed ? respecting an establishment of religion?…

    • 589 Words
    • 3 Pages
    Improved Essays
  • Decent Essays

    U.S. Supreme court judged the government unconstitutionally breached the Fort Laramie Treaty which ensure the Sioux’s rights of occupying their territories including black hills. Prospectors and unauthorized person along with the government trespassed the legally protected Sioux’s territory and force them to migrate against their will. Although Sioux’s claim was once barred by res judicata on 1942, the government admitted them to claim on violation of the Fifth Amendment by 1978 Act which was reviewed by the court of claims. The Supreme Court also indicated that Sioux received a full value of their land of 17.1 million dollar as a compensation from the government on 1877. In consequence, U.S. Supreme Court reevaluated the case that the breach…

    • 202 Words
    • 1 Pages
    Decent Essays
  • Improved Essays

    Essay On Tinker Vs Moines

    • 1496 Words
    • 6 Pages

    In December of 1965, Mary Beth Tinker, her brother John Tinker, and their friend Christopher Eckhardt, students of Des Moines public schools, decided they were going to wear black armbands to school for a period of time in protest of the Vietnam war. The school board found out about the students’ plan to protest, and decided to put a ban on the wearing of black armbands on school property. If any student came to school wearing an armband, they would be suspended. The three students decided to come to school wearing the armbands, and they were suspended. The students decided to sue the school district, through their parents, and the case ended up going all the way to the United States Supreme Court.…

    • 1496 Words
    • 6 Pages
    Improved Essays
  • Improved Essays

    France has just offered Louisiana for $15 million dollars; this is one of the greatest real estate offers of all time. However, purchasing this land goes against everything I, Thomas Jefferson, stand for. I fear that purchasing this land is neglecting the Constitution, plus it goes against the strict budget I have argued for. America has no way to raise the money we need fast enough, and we don’t know if the citizens of Louisiana will accept becoming American citizens. The decision I make on this dilemma will affect the course of America’s future.…

    • 465 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    The 14th Amendment and the Bill of Rights John Barron was a business owner of a wharf that was located on the Baltimore’s harbor in the deepest part. In 1815, the city of Baltimore decided to do improvements to their streets, which in turn diverted streams this caused the soil in front of Barron’s wharf to build up. In a little over 6 years the soil build up made it where ships could no longer tie up at the wharf. John Barron had to go out of business. In return, John sued the city of Baltimore in state court for the ruin of his wharf business.…

    • 1372 Words
    • 5 Pages
    Superior Essays
  • Improved Essays

    On the Nature of Property – Jean-Sifrein Maury In the Declaration of the Rights of Man and Citizen, it is stated that “property is an inviolable and sacred right…” and the current draft of the Constitution states that “the constitution guarantees the inviolability of property or a just and prior indemnity for that of which a legally established public necessity may demand the sacrifice.” This is a section of the Constitution that should be applauded. For in this statement, there lies a great and admirable protection of citizens – a protection of them from the government. By stating this as law no longer can the government take anyone’s land in the state and if they do, just compensation is required.…

    • 725 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Three Supreme Court Cases

    • 571 Words
    • 3 Pages

    Donald L. Hicks said,"My race is not a better race, it is simply a different race.” Having judgment purely based on someones actions and not their skin color has been a soft spot in the United States for quite some time. Moreover, many cases have ended in favor of one side rather than the other purely because of race. The three cases being discussed all ended in the same ruling, held. Many Supreme Court cases have been judged regarding civil rights: Shelley vs. Kraemer, Loving vs. Virginia, and Swann vs. Charlotte Mecklenberg Board of Education.…

    • 571 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Essay On Eminent Domain

    • 1276 Words
    • 6 Pages

    Even in the past, the U.S government has used eminent domain to acquire property to create roads, accommodate the military, and obtain various goods, sometimes even without giving just compensation to the owner.…

    • 1276 Words
    • 6 Pages
    Great Essays