The Supreme Court Got It Wrong

Nine years ago New London, Connecticut was in dire straits. To try to get the economy moving, the City established the New London Development Corporation. The plan was to acquire 9 acres of land in the Fort Trumbull area next to where the Pfizer Corporation was going to build a $300,000,000 research facility.

The land would be leased to developers, to build an office park, retail establishments, an "urban village" of 80 homes, a hotel, and other amenities. NLDC acquired most of the property without event, but nine property owners, including Susette Kelo, refused to sell.

NLDC started condemnation proceedings. Kelo appealed to the Connecticut courts, claiming that the takings would violate the Fifth Amendment, which provides that "... nor shall private property be taken for public use, without just compensation... ."

Property could be taken for a fire station, a library, or a city hall, but would turning over property to a private party be lawful? The Connecticut Supreme Court upheld the taking, and Kelo petitioned the Supreme Court of the United States for a writ of certiorari. A writ of certiorari is issued out of a higher court to order a lower court to deliver a file to it for review.

The Supreme Court, in a five to four vote, held that the condemnation did not violate the taking clause of the Fifth Amendment. Sandra Day O'Connor, in a strong dissent, said: "Nothing is to prevent the state from replacing any Motel 6 with a Ritz-Carlton, any home with a shopping mall, or any farm with a factory."

The Kelo case caused a great deal of concern around the country. Many legal scholars feel that the Court got it wrong. Forty-three states have enacted "Anti-Kelo" legislation which limits the power of their governments to seize property.

Now Pfizer will close its research facility and move the jobs to Groton. The office buildings will be vacant. The Fort Trumbull area is a wasteland - the houses were wiped out, but the urban village, the hotel, and the fancy stores never did get built.

The result the Supreme Court expected did not come to pass. It appears the Supreme Court did get it wrong. I have discussed this case further on our website - haddletonlaw.com.