The Supreme Court Hears an Important Constitutional Case That
Asks If Private Property Is Truly Taken For "Public Use" When It
Is Given to a Private Developer |By MARCI HAMILTON Thursday,
Feb. 24, 2005 On Tuesday, February 22, the Supreme Court heard
oral argument in an important constitutional case, Kelo v. New
London. The case explores when the government may - and may not
-- take private property through its use of its eminent domain
power. The aggrieved parties in Kelo are homeowners in a middle-
class neighborhood in Connecticut. The local government sought
to transfer their homes to a private entity, which would then
develop commercial office space (which would, in turn, generate
more taxes for the city). The homeowners were so outraged by
this plan that they have taken their case all the way to the
Supreme Court. In this column, I will explore whether what their
local government tried to do violates the Fifth Amendment. The
Fifth Amendment Issue In Kelo The Fifth Amendment makes clear
that when the gove