SUPREME COURT CASE - Assignment Example

Kelo vs. of New London, 2005, 5-4. The 2005 case of Kelo vs. of New London concerned the power of government(s) to force the sale of private property if it falls within the eminent domain. If the property is intended for a legitimate “public” use, then its sale can be forced, provided the owner refuses to sell it. The Fifth Amendment of the US Constitution, in the so-called “Takings Clause,” allows the government to mandate the sale of property for purposes of eminent domain provider the owner is justly compensated (Kelo).

This was specifically added to the Bill of Rights in order to prevent the sovereign (government) from arbitrarily seizing property for illegitimate or corrupt purposes. The City of New London, Connecticut sought to force the sale of some private property to be used for an urban redevelopment project. Some of the owners objected to the sale. The city government then proceeded to assert eminent domain powers under the Fifth Amendment, via the Fourteenth Amendment, which explicitly applies the Constitution to the States.

Traditionally, “public use” had been interpreted as things or media the public actually used. In the Kelo case, the City of New London sought to justify the eminent domain seizure because the urban redevelopment project would generate tax revenue for a blighted urban area. The Court sided with the city and allowed the forced sale under the Fifth Amendment. This is a significant case because of the awesome power it bestows on municipal governments. They now have the power to seize property not just for sewers or roadways but also for urban development.

To see the potential for corruption is not terribly difficult. A rich real estate developer could bribe city officials to force a private property owner to sell his property. The developer could justify this to the public by citing financial data which demonstrate that the new construction will bring more property tax revenue to the city than the existing structure/property. This unfortunate Supreme Court decision, perhaps contrary to centuries of Anglo-Saxon Common Law, allows for local government to become the tool of wealthy interests who want to unjustly take away the homes or properties of common citizens.

It is unjust and finds its best historical parallel in Feudal Europe. Works Cited Kelo vs. City of New London: http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=04-108