Kelo VS New London
By: Dale Travis
April 13, 2013
Unit: 5 Case Study
Prof Lerner
Kaplan University
Kelo VS New London 2
Eminent domain is the power to take private property for public use by a
state, municipality, or private person or corporation authorized to exercise
functions of public character, following the payment of just compensation to the
owner that property. (Legal Dictionary) In New London, Connecticut the economy
hit a road bump, and the town’s government was looking for a way to generate the
towns economy again. The unemployment rate was in double digits, and the towns
population was at a very low point in nearly seventy-years. Because of this New
London town officials were looking for away to change this, and were considering
some ideas to change this.
State and local government officials were looking for a certain part of the city
where revitalization can occur. The Thames River made a decision to this,
Fort Trumbull decided to use 115 private own properties, and 32 acres of an aband-
oned naval facility. Inside this plan it included one section for a waterfront stores
and conference hotel for eighty private residences. This would also included one
research facilities. By doing this state government officials were using the power of
eminent domain to take private party for public use. However, there was some pro-
testors were concerned about this, and wanted to challenge this idea. The attorney
for the protestors claimed that this violated the Taking Clause.
What is a Taking Clause? This is where the United States Supreme Court dec-
Ided an important case involving the meaning of public use in the Fifth Amendment.
Where the US Supreme Court voted in 5 to 4 in favor of New London. Where New
London can use the private property for public use. (The Fifth Amendment and Tak-
Kelo VS New London 3
ings of Private Property)
Across
References: Legal Dictionary http://www.legal-dictionary.thefreedictionary.com/eminentdomain The Fifth Amendment And Takings Of Private Property http://www.law2.umkc.edu/faculty/projects/ftrials/conlaw/takings.htm