AP GOV
Mr. Odom
I. Case Title
Kelo v. City of New London, 545 U.S. 469 (2005)
II. Facts * The State Supreme Court of Connecticut held that the use of eminent domain for economic development did not violate the public use clauses of the state and federal constitutions. * The court also ruled constitutional the government delegation of its eminent domain power to a private entity. * The court held that if an economic project creates new jobs, increases tax and other city revenues, and revitalizes a depressed then the project qualifies as a public use. * This was the first eminent domain case since Midkiff to reach the Supreme Court. * Kelo became the focus of vigorous discussion and attracted numerous supporters on both sides. Some 40 amicus curiae briefs were filed in the case, 25 on behalf of the petitioners. Suzette Kelo's supporters ranged from the libertarian Institute for Justice to the NAACP, AARP, the late Martin Luther King's Southern Christian Leadership Conference and South Jersey Legal Services. The latter groups signed an amicus brief arguing that eminent domain has often been used against politically weak communities with high concentrations of minorities and elderly. * The case was argued on February 22, 2005. The case was heard by only seven members of the court with Associate Justice Sandra Day O'Connor presiding, as Chief Justice William Rehnquist was recuperating from medical treatment at home and Associate Justice John Paul Stevens was delayed on his return to Washington from Florida; both absent Justices read the briefs and oral argument transcripts and participated in the case decision. * During oral arguments, several of the Justices asked questions that forecast their ultimate positions on the case. III. Questions(s) Presented:
Is the government allowed to take place of private property if it benefits the economic good and overall good of the