Eminent Domain

The Development Plans

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb, nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." Stated in the Constitution of the United States of America.

In the early 2000's, New London, Connecticut had fallen in a deep slope and on a big economic downfall. With city taxes and population decreasing, the city leaders were getting desperate for some type of development to get New London out of its economic downfall. Pfizer, a pharmaceutical company, began constructing a new research building on the out skirts of Fort Trumball, a New London neighborhood. Watching as their city fell deeper and deeper in depression, the New London city officials took it upon themselves to try and solve the city's slowing of the economy. They decided to reactivate the "New London Development Corporation" which is a private company controlled by the city government. The development corporation was to look at the plans for the development of the Fort Trumball neighborhood and develop new ideas on how to spark activities which would boost the economy that would be sponsored by the Pfizer plant. The development plan created by the development corporation included: resort hotel, conference center, state park, 80-100 new residence housing, and a variety of research, office, and retail buildings. The City of New London approved the plans in 2000 and gave the development company permission to obtain land in the neighborhood of Fort Trumball. The neighborhood is 90 acres and contains 115 residential and commercial lots. The development corporation was planning on purchasing all 115 properties the owners of the properties didn't want to sell to the corporation. There were 15 occupants on the land, five were owned by investors and the other ten were actual occupants. These 15 owners became the petitioners with the lead petitioner being Susette Kelo. Susette was an owner of a small house that lay on the border of the Fort Trumball neighborhood and along the Thomas River. Once the city found out that the owners of the land weren't planning on selling the city decided to use their right to Eminent Domain. The city told the Development Corporation to "condemn the 15 holdout owners' lots."

The Case in the Connecticut Court to the U.S. Supreme Court

The owners argued that the city was misusing its power of eminent domain and decided to sue the city in the Connecticut courts. The fifth and fourteenth amendments limit the use of eminent domain. The amendments say that "private property [shall not] be taken for public use, without just compensation". Kelo and the other petitioners argue against the development plan saying that its purpose was not considered as "public use". Kelo's case made it to the Supreme Court, being the first eminent domain case heard by the Supreme Court since 1984. The case became a major discussion across the nation and started to attract supporters on both sides.

The Oral Argument

On February 22, 2005