The United States Constitution is the bedrock of our legal system. One of the key protections afforded to citizens is the 5th Amendment provision that states that property may not be taken for “public use” without just compensation. It is also true that in the last fifty (50) years or so, very few successful real estate developments occurred without the use of eminent domain.
(A) Discuss the pros and cons of the majority holding in the Kelo v. City of New London case. Specifically, do you agree that “economic development” is a “public use” for which the eminent domain tool should be available? Should the rights of the individual (e.g. Susette Kelo) always trump the rights of developers? Or should the greater good—as reflected in economic development—always take priority over the individual, as long as “just compensation” is paid? Give examples of development projects discussed in class that you think demonstrate your point of view; and make specific reference to the majority, concurring and dissenting opinions of the Kelo decision to support your response.
(B) If you were heading up a development project in Brooklyn, and eminent domain was a necessary tool to make the project a reality, how would you evaluate the liklihood that the courts would allow eminent domain to proceed if there were properties in the development site that were not blighted. Assume that your project would bring economic development and more tax revenue to the site you are looking to develop.