Warning

Info

Table of Contents
Chris22, HLS '22 |

0 0

Back to briefs

Kelo v. City of New London, Connecticut

(2005)

Supreme Court of the United States - 545 U.S. 469

tl;dr:

A private redevelopment plan that will economically benefit the community is a sufficient "public use" to justify eminent domain under the Takings Clause of the Fifth Amendment.

Video Summary

ICRAIssue, Conclusion, Rule, Analysis for Kelo v. City of New London, Connecticut

LSD+ exclusive

This content is exclusively for LSD+ users.

Sign up for LSD+ for full access to the Kelo v. City of New London, Connecticut case brief summary.

Enjoy unlimited access with our 14-day free trial.

Facts & HoldingKelo v. City of New London, Connecticut case brief facts & holding

Facts:The city of New London, Connecticut took the plaintiff's real...

Holding:The Court held that the city was justified in exercising...

LSD+ exclusive

This content is exclusively for LSD+ users.

Sign up for LSD+ for full access to the Kelo v. City of New London, Connecticut case brief summary.

Enjoy unlimited access with our 14-day free trial.

DeepDiveHighlight a legal term to see the definition

Font size -+
Kelo v. City of New London, Connecticut | Case Brief DeepDive
Majority opinion, author: Justice Stevens
Level 1
Click below 👇 to DeepDive

The case involves the city of New London's plan to use eminent domain to acquire properties for economic revitalization. The Supreme Court of Connecticut upheld the lower court's decision that the takings were authorized by the State's municipal development statute and that economic development qualified as a valid public use under both the Federal and State Constitutions. However, the Superior Court erred in denying relief for some properties. The Court has rejected the literal requirement that condemned property be put into use for the general public and has embraced the broader interpretation of public use as "public purpose." The Court defers to legislative judgments in this area and has defined the concept of public purpose broadly. The City cannot take private property to benefit a specific private party or under the guise of a public purpose when the actual purpose is to benefit a private party. However, in this case, the City's taking of the property is part of a well-considered development plan, and there is no evidence of an illegitimate purpose. Therefore, the City's plan is not intended to benefit a particular group of individuals, and it is not a purely private taking.

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.

LSD+ exclusive

This content is exclusively for LSD+ users.

Sign up for LSD+ for full access to the Kelo v. City of New London, Connecticut case brief summary.

Enjoy unlimited access with our 14-day free trial.

Opinion (Concurrence), author: Justice Kennedy
Level 1
Click below 👇 to DeepDive

The Public Use Clause allows a taking as long as it is rationally related to a conceivable public purpose. However, transfers that primarily benefit private entities and only incidentally benefit the public are not allowed. A court must strike down a taking that is intended to favor a particular private party with only incidental public benefits. The purpose of a taking for economic development must be evaluated to determine if the public purpose is only incidental to the benefits that will be conferred on private parties. The trial court correctly observed this in the case at hand. When faced with an accusation of impermissible favoritism towards private parties, a court must take it seriously and review the record to determine if it has merit. The government's actions are presumed to be reasonable and intended to serve a public purpose. The trial court conducted a thorough inquiry into whether the development plan primarily benefited the private developer and businesses, with only incidental benefit to the city. The court considered testimony from government officials and corporate officers, documentary evidence, and the commitment of public funds to the project before private beneficiaries were known. The court also noted that the private developer was chosen from a group of applicants and that the other private beneficiaries of the project were still unknown.

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.

LSD+ exclusive

This content is exclusively for LSD+ users.

Sign up for LSD+ for full access to the Kelo v. City of New London, Connecticut case brief summary.

Enjoy unlimited access with our 14-day free trial.

Dissenting opinion, author: Justice O’Connor
Level 1
Click below 👇 to DeepDive

This legal case concerns the government's use of eminent domain to take private properties in New London, Connecticut for economic development. The dissenting opinion argues that this violates the Takings Clause of the Fifth Amendment, which requires just compensation and limits eminent domain to public use only. The Supreme Court has identified three categories of takings that comply with the public use requirement, but courts must still review legislative judgments to ensure the Public Use Clause retains meaning. The Court has previously upheld takings within blighted neighborhoods and emphasized the importance of deferring to legislative judgments about public purpose. The Court reserved a narrow role for courts to play in reviewing a legislature's judgment of what constitutes a public use to protect against purely private takings.

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.

LSD+ exclusive

This content is exclusively for LSD+ users.

Sign up for LSD+ for full access to the Kelo v. City of New London, Connecticut case brief summary.

Enjoy unlimited access with our 14-day free trial.

Dissenting opinion, author: Justice Thomas
Level 1
Click below 👇 to DeepDive

Justice Thomas dissents from the Court's decision to uphold the taking of private property for "economic development" purposes, arguing that it effectively erases the Public Use Clause from the Constitution. He believes that the Public Use Clause is a meaningful limit on the government's eminent domain power and that the Court's interpretation of it has strayed from its original meaning. Justice Thomas would reconsider previous cases that have weakened the Clause's original intent. The Public Use Clause in the Takings Clause is an express limit on the government's power of eminent domain, and requires the government to take property only for public use. The current interpretation of the Public Use Clause, which allows for takings for a "public purpose," was adopted without much consideration of the Clause's history and original meaning. This interpretation is based on weak doctrinal foundations and is not susceptible to principled application. The Court's reliance on this standard is ill-advised and should be reconsidered.

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua.

LSD+ exclusive

This content is exclusively for LSD+ users.

Sign up for LSD+ for full access to the Kelo v. City of New London, Connecticut case brief summary.

Enjoy unlimited access with our 14-day free trial.

🤯 High points 🤯Key points contributed by students on LSD

LSD+ exclusive

This content is exclusively for LSD+ users.

Sign up for LSD+ for full access to the Kelo v. City of New London, Connecticut case brief summary.

Enjoy unlimited access with our 14-day free trial.

LSD+ Case Briefs

Features

  • DeepDive for detailed case analysis
  • Over 50,000 existing case briefs
  • Instant briefs for another 6,000,000 cases
  • Highlight dictionary for legal term definitions
  • Social learning with chat and high points

Over 50,000 Cases Briefed

LSD+ gives you access to over 50,000 case briefs, more than anyone else. Be the first to email us the website of a case brief product that offers you more case briefs and we'll give you a free year of LSD+.

14-Day Free Trial

Unlimited access. Read as much content as you want during your trial with no device limitations. Cancel any time during your trial and keep access for the full 14 days.

Integrated Legal Dictionary

Lawyers and judges love to use big words. And Latin, for some reason.

Highlight a legal term in LSD Briefs and get an instant, plain English definition. Try highlighting contract or specific performance. No need to search or read through a list of definitions, simply highlight the words you don’t know and our LSDefine integration will instantly give you a definition to any of over 30,000 legal terms.

DeepDive

DeepDive allows you to explore legal cases like never before. DeepDive offers multiple levels of case summaries, which empowers you to quickly and easily find the information you need to stay on top of readings. Easily navigate through summary levels and click on any text to get more detail, all the way down to the original legal case text.

Brief anything. Instantly.

Our proprietary state-of-the-art system can instantly brief over 6,000,000 US cases. That means we can probably brief that case that your professor assigned last night when she sent you a poorly scanned pdf and told you to read every third paragraph. Or maybe she uploaded it to Canvas and didn’t really tell you to read it, but you know you probably should. Tenure does wild things to good people.

Social Learning with Chat and High Points

Study groups are a great way to learn and explore a case. LSD has chat rooms for each case to let you ask questions across the community and hear what other students struggled with and how they put it all together. Learn the key points of every case from other LSD+ users and share your knowledge with LSD High Points.

Real-Time Brief Feedback

Don’t settle for mistakes in briefs that have been there for 10 years and never fixed. Find an issue or something missing from a brief? Down vote and we will make improvements. All of our case brief editors graduated from from T14 law schools.

Kelo v. City of New London, Connecticut

Chat for Kelo v. City of New London, Connecticut
brief-659
👍 Chat vibe: 0 👎
Help us make LSD better!
Tell us what's important to you
LSD+ is ad-free, with DMs, discounts, case briefs & more.