Kelo


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Kelo

One of the most important real estate cases of modern history, Kelo v.City of New London tested the limits of the government's right to condemn private property for public use, and concluded with the United States Supreme Court granting wide latitude to local government.

The issue involved a desire by the city of New London, Connecticut, to condemn 90 acres of private property and offer it to a developer as part of a larger urban revitalization plan. Historically, eminent domain has been used to build roads, schools, and public buildings. In the Kelo case, the overall development plans called for a resort hotel and conference center, retail space, residences, and a new state park.

The case finally ended up in the United States Supreme Court. On June 23, 2005, Justice Stephens wrote the majority opinion, finding in favor of the city of New London. Justice Stephens said that local governments should be given wide latitude in local condemnation cases. “The city has carefully formulated a development plan that it believes will provide appreciable benefits to the community, including, but not limited to, new jobs and increased tax revenue.” Under the particular facts of the Kelo case, the condemnation was for a permissible public purpose and not a private purpose.

There have been two types of backlash to the Kelo decision.

Many local governments immediately passed laws prohibiting the use of eminent domain for private development. The Supreme Court decision left open the likelihood that such laws would be constitutional and, in fact, practically invited states to pass new laws.

Small towns across America began plans to condemn undeveloped property owned by Wal- Mart within their borders. City leaders and citizens claimed it would be for the public good, because a Wal-Mart store where planned would be a blight on the community, much the same as the 90 acres in New London was considered a blight. (At this writing, it is too early in the judicial process to see where this will go.)

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References in periodicals archive ?
Opening the Floodgates: Eminent Domain Abuse in the Post Kelo World.
Gorin facilitated an unconstitutional taking under the United States Constitution became moot when the United States Supreme Court announced its decision--legitimizing a private party taking for economic development as a sound "public use"--in Kelo v.
Summary: Raigarh (Chattisgarh) [India] Aug 14 (ANI): Following heavy and incessant rainfall in Chhattisgarh's Raigarh, Kelo River has started overflowing.
Wayne, Ind., WNCT in Greenville, N.C.; KELO in Sioux Falls, S.D.; WRBL in Columbus, Ga.; WHLT in Hattiesburg, Miss.; and KCLO in Rapid City, S.D.; as well as KRQEs satellite stations KBIM in Roswell, N.M.
and KREZ in Durango, Col.; and KELO's satellite stations KPLO in Reliance, S.D.
gear of the week Sprayway Rask and Kelo Jackets Sprayway has launched two waterproof jackets that offer lightweight protection for summer.
Additionally, after the Kelo ruling some states amended
More than a decade after Kelo sparked a wave of state-level reforms intended to strengthen the rights of homeowners, these families became victims of a loophole created by local government to facilitate a project backed by the state's Republican governor, the GOP speaker of the U.S.
During survey of 21 kelo meter authorities found that more than 600 kanal land was encroached by the illegal occupiers in the society.
Kelo Oad, a driver in National Tuberculosis Control Programme, was driving his wife and four children to Hyderabad in a government vehicle when he met fateful accident.
OKARA/BHAKKAR:At least three people including a soldier of Pakistan Army and a vice chairman of union council (UC) died while another injured in separate road accidents in Okara and Bhakkar on Sunday.Police said that a car returning from a wedding ceremony in Lahore collided with an over speeding truck near Kelo Town at the Kasur Road in Hujra Shah Muqeem in Okara district.
While, the credible sources privy to police department revealed to the local journalists on Tuesday that Mirpurkhas police led by DSP Anwar Ali Lakho raided village Nanisar in the suburbs of Mithi town and recovered/ dug out the motorcycle and pistol which were used in the crime by two killers The same sources claimed that the raid was conducted on the pointation of one the prime facilitators Allah Warayo Umrani aka Kelo Umrani , who was arrested by police few days back from Mirpurkhas district."