Difference between revisions of "Kelo v. City of New London"

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{{caselaw|Kelo v. City of New London|___ U.S. ___|2005}}
 
{{caselaw|Kelo v. City of New London|___ U.S. ___|2005}}
  
''Kelo v. City of New London'' (2005) was a landmark decision by the U.S. Supreme Court that upheld a taking by government of private property (someone's home) in order to give the property to a private corporation.  This decision expanded the concept of [[eminent domain]] from the limitation of "public use" (e.g., build a new courthouse or highway) to a much broader "public purpose" (e.g., obtain more tax revenue from a new business).
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''Kelo v. City of New London'' (2005) was a landmark decision by the U.S. Supreme Court that upheld a taking by government of private property (someone's home) in order to give the property to a private corporation.  This decision federalized the recent state expansion of the concept of [[eminent domain]] from the limitation of "public use" (e.g., build a new courthouse or highway) to a much broader "public purpose" (e.g., obtain more tax revenue from a new business).
  
 
This decision opened the floodgates to any town that wants to increase tax revenues by taking people's homes and giving the property to big corporations that will pay increased taxes to the town.  While the town has to pay "just compensation" for the property taken, that amount is rarely what the homeowner feels would be fair.
 
This decision opened the floodgates to any town that wants to increase tax revenues by taking people's homes and giving the property to big corporations that will pay increased taxes to the town.  While the town has to pay "just compensation" for the property taken, that amount is rarely what the homeowner feels would be fair.
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States can prevent this outcome by amending their constitutions, as [[Michigan]] and many other states have done.
 
[[category:United States Supreme Court Cases]]
 
[[category:United States Supreme Court Cases]]

Revision as of 11:06, 8 March 2008

Kelo v. City of New London
___ U.S. ___
Decided: 2005

Kelo v. City of New London (2005) was a landmark decision by the U.S. Supreme Court that upheld a taking by government of private property (someone's home) in order to give the property to a private corporation. This decision federalized the recent state expansion of the concept of eminent domain from the limitation of "public use" (e.g., build a new courthouse or highway) to a much broader "public purpose" (e.g., obtain more tax revenue from a new business).

This decision opened the floodgates to any town that wants to increase tax revenues by taking people's homes and giving the property to big corporations that will pay increased taxes to the town. While the town has to pay "just compensation" for the property taken, that amount is rarely what the homeowner feels would be fair.

States can prevent this outcome by amending their constitutions, as Michigan and many other states have done.