Number: RS22189
Title: Condemnation of Private Property for Economic Development: Kelo v. City of New London
Authors: Robert Meltz, American Law Division 
Abstract: In Kelo v. City of New London, decided June 23, 2005, the Supreme Court held 5-4 that the city's condemnation of private property, to implement its area redevelopment plan aimed at invigorating a depressed economy, was a "public use" satisfying the U.S. Constitution - even though the property might be turned over to private developers. The majority opinion was grounded on a century of Supreme Court decisions holding that "public use" must be read broadly to mean "for a public purpose." The dissenters, however, argued that even a broad reading of "public use" does not extend to private-to-private transfers solely to improve the tax base and create jobs. Congress is now considering several options for responding to the Kelo decision.
Pages: 6
Date: July 11, 2005