Facts of the Case
New London, a city in Connecticut, used its eminent domain authority to seize private property to sell to private developers. The city said developing the land would create jobs and increase tax revenues. Susette Kelo and others whose property was seized sued New London in state court. The property owners argued the city violated the Fifth Amendment's takings clause, which guaranteed the government will not take private property for public use without just compensation. Specifically, the property owners argued taking private property to sell to private developers was not public use. The Connecticut Supreme Court ruled for New London.
Questions
Does a city violate the Fifth Amendment's takings clause if the city takes private property and sells it for private development, with the hopes the development will help the city's bad economy?
Conclusions
-
No. In a 5-4 opinion delivered by Justice John Paul Stevens, the majority held that the city's taking of private property to sell for private development qualified as a "public use" within the meaning of the takings clause. The city was not taking the land simply to benefit a certain group of private individuals, but was following an economic development plan. Such justifications for land takings, the majority argued, should be given deference. The takings here qualified as "public use" despite the fact that the land was not going to be used by the public. The Fifth Amendment did not require "literal" public use, the majority said, but the "broader and more natural interpretation of public use as 'public purpose.'"
Nowhere to Live?
In over 40 years of litigating environmental and property rights cases on behalf of small...
Toward a More Confident State Constitutionalism
Federalist Society Review, Volume 25
This article is adapted from a speech Justice Markman delivered to the Florida Annual Education...
The Northwest Ordinance: Historically Significant, Still Relevant
Happy birthday to the Northwest Ordinance, which the Articles of Confederation Congress enacted on July...
Principles of State Constitutional Interpretation
Federalist Society Review, Volume 23
State constitutionalism—the practice of state courts deciding cases on independent state constitutional grounds—is a vital...
Private Power and Eminent Domain
2021 National Lawyers Convention
The 2021 National Lawyers Convention took place November 11-13, 2021 at the Mayflower Hotel in...
Private Power and Eminent Domain
2021 National Lawyers Convention
The 2021 National Lawyers Convention took place November 11-13, 2021 at the Mayflower Hotel in...
Taking Poletown: A Community’s Fight Over Economic Justice & Eminent Domain
Documentary short from Motivo Media and FedSoc Films
In the early 1980s, General Motors found the perfect place to build a new factory...
Pandemics & Economic Loss: Should the Government Compensate Citizens? [POLICYbrief]
Short video featuring Keith Whittington
Historically, the government has taken or destroyed property without compensation if the property or owner...
Pandemics & Economic Loss: Should the Government Compensate Citizens? [POLICYbrief]
Short video featuring Keith Whittington
Historically, the government has taken or destroyed property without compensation if the property or owner...
Covid-19 and Property Rights
Please mark your calendars for Friday, May 15, 2020 at 2:30pm Eastern Time, for the...
Originalism and Constitutional Property Rights Jurisprudence
2019 National Lawyers Convention
On November 16, 2019, the Federalist Society's Environmental Law & Property Rights Practice Group hosted...
An Unconstitutional Attempt to Address Affordable Housing
Federalist Society Review, Volume 20
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
An Unconstitutional Attempt to Address Affordable Housing
Federalist Society Review, Volume 20
Note from the Editor: The Federalist Society takes no positions on particular legal and public...
Are Property Rights Protected Under the Constitution?
NLC Convention Panel: Environmental Law & Property Rights Practice Group
At this year’s National Lawyer’s Convention, the Property and Environmental Law Practice Group is hosting...
Are Property Rights Protected Under the Constitution?
NLC Convention Panel: Environmental Law & Property Rights Practice Group
At this year’s National Lawyer’s Convention, the Property and Environmental Law Practice Group is hosting...
Love Terminal (Government Takings) Deserves its Day in Court
Below are remarks by political commentator George Will from the Federalist Society event on Government...
A New Foundation for Property Rights?: A Helpful but Flawed Contribution
Federalist Society Review, Volume 19
A review of: Property and Human Flourishing, by Gregory S. Alexander, https://global.oup.com/academic/product/property-and-human-flourishing-9780190860745?cc=us&lang=en& Note from the Editor: ...
A New Foundation for Property Rights?: A Helpful but Flawed Contribution
Federalist Society Review, Volume 19
A review of: Property and Human Flourishing, by Gregory S. Alexander, https://global.oup.com/academic/product/property-and-human-flourishing-9780190860745?cc=us&lang=en& Note from the Editor: ...
SCOTUS Passes on Opportunity to Limit or Overturn Kelo
In a disappointing move for property rights advocates, the U.S. Supreme Court denied certiorari yesterday...
SCOTUS Passes on Opportunity to Limit or Overturn Kelo
In a disappointing move for property rights advocates, the U.S. Supreme Court denied certiorari yesterday...
Violet Dock Port, Inc, LLC v. St. Bernard Port, Harbor & Terminal District
Louisiana Supreme Court Rules Government Port Authority Can Seize a Competing Private Port and Lease it to Another Private Entity: Is This the Next Kelo?
One of this year’s most acclaimed films, Little Pink House, has resurrected old wounds from the...
Docket Watch: Violet Dock Port, Inc, LLC v. St. Bernard Port, Harbor & Terminal District
Louisiana Supreme Court Rules Government Port Authority Can Seize a Competing Private Port and Lease it to Another Private Entity: Is This the Next Kelo?
One of this year’s most acclaimed films, Little Pink House, has resurrected old wounds from...
Docket Watch: Violet Dock Port, Inc, LLC v. St. Bernard Port, Harbor & Terminal District
Louisiana Supreme Court Rules Government Port Authority Can Seize a Competing Private Port and Lease it to Another Private Entity: Is This the Next Kelo?
One of this year’s most acclaimed films, Little Pink House, has resurrected old wounds from...
Sports Gambling Decision is a Major Victory for Federalism
This post has been contributed from The Volokh Conspiracy with permission by the author. Click...
Sports Gambling Decision is a Major Victory for Federalism
This post has been contributed from The Volokh Conspiracy with permission by the author. Click...
Thoughts on the New Constitutional Case Against Obamacare
On February 26th, twenty Republican-controlled states filed a lawsuit challenging the constitutionality of the Affordable Care...
Thoughts on the New Constitutional Case Against Obamacare
On February 26th, twenty Republican-controlled states filed a lawsuit challenging the constitutionality of the Affordable Care...
With the Supreme Court's Abandonment, it's Time for States to Protect Property Rights
Private property is a critical ingredient in freedom. That’s why the U.S. Constitution refers to...
The Sandbagging Phenomenon: How Governments Lower Eminent Domain Appraisals to Punish Landowners
Federalist Society Review, Volume 17, Issue 3
Note from the Editor: This article discusses a controversial practice known as “sandbagging” in eminent...
The Sandbagging Phenomenon: How Governments Lower Eminent Domain Appraisals to Punish Landowners
Federalist Society Review, Volume 17, Issue 3
Note from the Editor: This article discusses a controversial practice known as “sandbagging” in eminent...
White Paper: The Original Meaning of 'Public Use' in Ohio
Returning to First Principles for the Protection of Individual Property Rights
Check out Oliver Dunford of Hahn Loeser & Parks' white paper on eminent domain in...
White Paper: The Original Meaning of 'Public Use' in Ohio
Returning to First Principles for the Protection of Individual Property Rights
Check out Oliver Dunford of Hahn Loeser & Parks' white paper on eminent domain in...
Cornerstone of Liberty
Restoring Respect for the Right to Ownership
Private property is one of humanity’s great discoveries, like fire, or DNA, or the scientific...
Cornerstone of Liberty
Restoring Respect for the Right to Ownership
Private property is one of humanity’s great discoveries, like fire, or DNA, or the scientific...
Fed Soc Book Round-Up
At the Federalist Society, we pride ourselves on featuring content from a wide array of the...
Eminent Domain and Race
Eminent domain is in the news again because of ever-controversial presidential candidate Donald Trump's remarks that the condemnation...
Eminent Domain and Race
Eminent domain is in the news again because of ever-controversial presidential candidate Donald Trump's remarks that the condemnation...
Teleforum Preview: How Long are Horne's Horns?
Call begins: Thursday, October 1, 2015 2:00 p.m. Eastern
John D. Echeverria, professor at Vermont Law School, provides a preview of his arguments for an...
The Grasping Hand: "Kelo v. City of New London" and the Limits of Eminent Domain - Podcast
Environmental Law & Property Rights Practice Group Podcast
On June 23, 2005, the Supreme Court ruled that the city of New London, Connecticut,...
North Carolina Board of Dental Examiners v. Federal Trade Commission
Engage Volume 15, Issue 2
Note from the Editor: The Federalist Society is pleased to present two different perspectives on the North...
Conservative & Libertarian Legal Scholarship: Environmental Law
XII. Environmental Law
[Return to Table of Contents] XII. Environmental Law Topical Overviews RICHARD L. REVESZ, FOUNDATIONS OF...
Conservative & Libertarian Legal Scholarship: Environmental Law
XII. Environmental Law
[Return to Table of Contents] XII. Environmental Law Topical Overviews RICHARD L. REVESZ, FOUNDATIONS OF...
Environmental Law: New Directions in Takings Law
2013 National Lawyers Convention
This past year, the Supreme Court decided three important regulatory takings cases, including Arkansas Game &...
Environmental Law: New Directions in Takings Law
2013 National Lawyers Convention
This past year, the Supreme Court decided three important regulatory takings cases, including Arkansas Game &...
City of Richmond: The Next Kelo? - Podcast
Environmental Law & Property Rights and Financial Services & E-Commerce Practice Groups Podcast
Last week, a lawsuit was filed in an attempt to halt a plan by the...
City of Richmond: The Next Kelo? - Podcast
Environmental Law & Property Rights and Financial Services & E-Commerce Practice Groups Podcast
Last week, a lawsuit was filed in an attempt to halt a plan by the...
California Supreme Court Upholds Law Dissolving Redevelopment Agencies
State Court Docket Watch Spring 2012
In California Redevelopment Assn. v. Matosantos1 the California Supreme Court upheld a law dissolving the...
California Supreme Court Upholds Law Dissolving Redevelopment Agencies
State Court Docket Watch Spring 2012
In California Redevelopment Assn. v. Matosantos1 the California Supreme Court upheld a law dissolving the...
Does the Takings Clause Have an Expiration Date?
Engage Volume 13, Issue 1, March 2012
Overview In the last Term, the United States Supreme Court declined to review two property...
Does the Takings Clause Have an Expiration Date?
Engage Volume 13, Issue 1, March 2012
Overview In the last Term, the United States Supreme Court declined to review two property...
Eminent Domain After Kelo
Engage Volume 11, Issue 3, December 2010
I would like to thank the University of Chicago Federalist Society for organizing this event,...
Engage Volume 11, Issue 3, December 2010
The Journal of the Federalist Society Practice Groups
*Online-Only Issue* Special Edition: Templeton Debates Eminent Domain after Kelo Ilya Somin & Saul Levmore...
Remarks by the President on Judicial Accomplishments and Philosophy
Transcript
Hilton Cincinnati Netherland PlazaCincinnati, Ohio 3:02 P.M. EDT THE PRESIDENT: Thank you very much. (Applause.) ...
Ohio Supreme Court Limits Eminent Domain
Since the Supreme Court’s decision in Kelo v. New London1 last year, eminent domain and...
Engage Volume 7, Issue 2, October 2006
Special Feature: The Templeton Debates Make Way for Wal-Mart! Eminent Domain after Kelo Daniel Mendelker...
Make Way for Wal- Mart! Eminent Domain After Kelo.
PROFESSOR MANDELKER: As a beginning, I wish to give you some background on urban redevelopment...
The State of Eminent Domain Law
Introduction When Justice John Paul Stevens wrote the majority opinion in Kelo v. New London,...
Washington State Supreme Court Hands Down Decision in Eminent Domain Case
In HTK Management, L.L.C. v. Seattle Popular Monorail Authority (Wash. 2005), the Washington State Supreme...
The Supreme Court’s Property Rights Cases
The U.S. Supreme Court handed down three major decisions affecting private property rights during its...
The Supreme Court’s Property Rights Cases
The U.S. Supreme Court handed down three major decisions affecting private property rights during its...
Bar Watch Bulletin August 7, 2005
Judicial Independence, 2004 Election, Death Penalty, Supreme Court
The ABA meeting in Chicago, Illinois included several panel discussions, highlights of which we report...
Recent State Cases Largely Support Property Rights
The state courts have continued to issue environmental law and property rights cases. Some support...
Courthouse Steps Decision Webinar: Penneast Pipeline Co. v. New Jersey
Environmental Law & Property Rights Practice Group Teleforum
Teleforum2019 National Lawyers Convention
Originalism
The Mayflower Hotel1127 Connecticut Avenue, NW
Washington, DC 20036