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Kelo vs New London

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Kelo vs New London
Kelo VS New London 1

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

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