Essay on "Kelo v. New London Judicial"
Essay 2 pages (724 words) Sources: 3
[EXCERPT] . . . .
City of New London, 545 U.S. 469, 2005). Under the proposed redevelopment plan, only a limited number of individuals would be given the opportunity to benefit from the property seizures and they would need to be employed by the company the land was seized for. In fact, the New London Development Corporation (NLDC) intended to seize lands in order to support a proposed Pfizer research facility. The NLDC claimed that the proposal aimed to "create a development that would complement the facility that Pfizer was planning to build, create jobs, increase tax and other revenues, encourage public access to and use of the city's waterfront, and eventually to build momentum for the revitalization of the rest of the city, including its downtown area" (Summary of Kelo v. New London, 2011).Ultimately, judicial activism in Kelo v. City of New London not only determined that the terms "public use" and "public purpose" were interchangeable, but also established precedent that would allow lands to be unconstitutionally seized if they met certain criteria. Furthermore, "in its 2005 decision Kelo v. City of New London, the U.S. Supreme Court upheld the right of government agencies to take private property and transfer it to another private owner if the public interest is involved" (Eminent Domain: Drawing the Line on Property Rights, 2009). Due to this ruling, 37 state took matters into their own hands and passed legislation to protect private land owners from being robbed of their lands under the pretext of eminent domain.
References
Eminent Domain: Drawing the Line on Property Rights. (2009, Nov 10). W.P. Carey School
of Business at Arizona State
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Kelo v. City of New London, 545 U.S. 469 (2005) (dissenting opinion). Accessed
Kelo v. City of New London, Conn. (2013). Order in the court: rule of law initiation. The Heritage Foundation. Accessed 25 April 2013, from http://orderinthecourt.org/Cases/Kelo-v-City-of-New-London-Conn.
Lesson 5: The Supreme Court. (n.d.). American Government I. American Public University.
Summary of Kelo v. City of New London (2011). National Conference of State Legislatures.
Accessed… READ MORE
Quoted Instructions for "Kelo v. New London Judicial" Assignment:
“The Supreme Court, in the case of Kelo v. The City of New London ruled in June 2005 that local governments may force property owners to sell out and make way for private economic development when officials decide it would benefit the public, even if the property is not blighted and the new project's success is not guaranteed. The 5 to 4 ruling provided the strong affirmation that state and local governments had sought for their increasing use of eminent domain for urban revitalization, especially in the Northeast, where many city centers have decayed and the suburban land supply was dwindling.
Discuss the relevancy of this case to the charge of the adverse impact caused by activist judges on the American political system. In preparing your post, you might want to read the dissent opinion by former Justice Sandra Day O'Connor. As part of your response, you may address the aftermath (city council elections/Pfizer abandons site/etc...); but remember what the primary question is for this week's Forum discussion question:
"Discuss the relevancy of this case to the charge of the adverse impact caused by activist judges on the American political system."
How to Reference "Kelo v. New London Judicial" Essay in a Bibliography
“Kelo v. New London Judicial.” A1-TermPaper.com, 2013, https://www.a1-termpaper.com/topics/essay/kelo-new-london-judicial-activism/6148238. Accessed 6 Jul 2024.
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