[DOWNLOAD] "Eminent Domain After Kelo V. City of New London: An Argument for Banning Economic Development Takings." by Harvard Journal of Law & Public Policy " eBook PDF Kindle ePub Free

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eBook details

• Title: Eminent Domain After Kelo V. City of New London: An Argument for Banning Economic Development Takings.
• Author : Harvard Journal of Law & Public Policy
• Release Date : January 22, 2006
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 464 KB

Description

I. INTRODUCTION When the New London Development Corporation (NLDC) embarked on an ambitious program to revitalize a ninety-acre parcel along the Thames River in southeastern Connecticut, it encountered formidable opposition from Susette Kelo and nine of her neighbors. NLDC, a non-profit development agency established by the City of New London, wanted to use its power of eminent domain (1) to take, with compensation, the homes and businesses occupying the proposed site of its new development. The goal of the project was to revitalize economically distressed New London, which had an unemployment rate twice that of the state average. (2) Plans called for developers to construct a mixed-use complex containing homes, a hotel, a marina, restaurants, shops, office space, and other amenities. Although the fee interest in the land would be owned by NLDC, the property would be occupied under long-term ground leases by the developers and operators of the new project. NLDC was able to purchase through negotiation most of the property in the proposed development site, but Susette Kelo and her neighbors refused to sell. When NLDC initiated condemnation proceedings to take the land through eminent domain, Kelo and her neighbors dug in their heels and sued, claiming that the proposed project was not a "public use," as required by the United States (3) and Connecticut (4) Constitutions, because the property would be occupied by private entities after the taking. Kelo and her neighbors lost in the Connecticut Supreme Court by a 4-3 margin, (5) but the U.S. Supreme Court granted certiorari in the case, (6) bringing the once-sleepy academic backwater of the public use requirement for the exercise of eminent domain to the fore.

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