Discussion Post
Topic: Eminent Domain: Kelo v. New London
As discussed in Chapter 11, the Fifth Amendment requires just compensation by the government whenever property is taken for public use. The authority by the government to take property for public use is known as eminent domain. One of the more infamous eminent domain cases took place in Connecticut, where the City of New London sought to use eminent domain to take private property to develop 90 acres that would be used in support of a proposed Pfizer research facility.
While the city of New London claimed the taking of private property satisfied the Fifth Amendment's public use requirement, the petitioners argued the taking of property for private economic purposes did not qualify as public use. The Supreme Court heard the case in 2005 and held that the taking of private property from one private owner to another private owner for the purpose of economic development satisfies the Fifth Amendment's public use requirement.
Sadly, 5 years after the Court's ruling, Pfizer would back out of its plans to build a research facility, and the property remains vacant and unused.
For this discussion, answer the following questions:
A. Do you agree with the Supreme Court's decision in Kelo v. New London? Why or why not?
B. In your opinion, does the taking of private property for the purpose of economic development satisfy the public use requirement of the Fifth Amendment? Why?
C. Research an instance in which eminent domain was used to take private property. Discuss the facts of the case and whether you believe it satisfies the public use requirement of the Fifth Amendment.