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Kelo v. New London
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(Redirected from KELO V. CITY OF NEW LONDON)
Kelo v. New London | |
Court | Supreme Court of the United States |
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Citation | |
Date decided | June 2005 |
Facts
In 2000s, New London, Connecticut was a factory town that lost its industrial base. In deal with the economic decline, the City of New London adopted a plan of economic development.
The City of New London decide to seize and demolish private property to build waterfront properties and create jobs. The City's goal was to build up hotels, theaters, restaurants, new residences, shopping malls, office buildings, and research facilities.
New London Development Corporation was a private company to which the City delegated the power to take private property in accordance with the Takings Clause of the 5th Amendment to the US Constitution. The plan was for the Corporation to sell the property; an auction was planned to be set up.
Kelo and 9 other landowners received a notice that their property would be seized by eminent domain if they didn't agree to the sale to the development company.Procedural History
Kelo refused to sell her property to the development corporation and sued in state court. Kelo prevailed in the Connecticut Superior Court, but the corporation appealed to the Connecticut Supreme Court. The Connecticut Supreme Court upheld the seizure of the Kelo property.
Holding
Connecticut Supreme Court decision to uphold the seizure of the Kelo real estate was correct. This holding was a 5-4 decision.
Reasons
The Kelo seizure is in accordance with the US Constitution even though the city of New London is handing it off to a private development corporation.
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