Eminent Domain and Kelo v. New London

Introduction

Central question: Under what circumstances can the government take private property?
Fifth Amendment: Protects property rights, includes the Takings Clause for eminent domain.
Eminent Domain: Government taking private property for public use, often for infrastructure like roads and hospitals.
Controversy: Justification and limits of eminent domain, especially for economic development.

Location: New London, Connecticut.
Economic Context: Economic decline after U.S. Navy base closure.
Revitalization Plan: New London Development Corporation (NLDC) tasked to revitalize the economy with a plan involving Pfizer.
- Plan for Pfizer's headquarters and housing for new employees.
- Use of eminent domain to acquire 90 homes and properties.
- Justification: Job creation and increased tax revenue.

Suzette Kelo and Others: Refused to sell property, sued City of New London.
- Argument: Transfer to private developers doesn't constitute public use, violates Fifth and Fourteenth Amendments.
City's Counter: Land for public use through economic development.
Court Decisions:
- Connecticut Superior Court: Mixed ruling on NLDC's use of eminent domain.
- Connecticut Supreme Court: Reversed, ruled the entire plan legal.
- U.S. Supreme Court: 5-4 decision favoring the city.

Majority Opinion: Justice John Paul Stevens - Plan considered constitutional as it aims for economic development.
Dissenting Opinions:
- Justice Sandra Day O'Connor: Warned of potential abuse, favoring powerful private parties over citizens.
- Justice Clarence Thomas: Concerned about safety of homes against government seizure.

Post-decision: 45 states enacted laws limiting eminent domain for private development.
Current status of New London lots: Barren, as Pfizer didn't build headquarters.
Ongoing debates: Legitimate use of eminent domain and future Supreme Court cases.

Kelo v. New London highlights the complexities and controversies of eminent domain.
Continues to affect property rights and government powers in the U.S.

Note: For more resources and discussions on the Bill of Rights, follow the channel's content.