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ARTICLE · 02 APRIL 2014

Kelo Properties Still Vacant

Fox Rothschild LLP
Fox Rothschild LLP
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In 2005, the US Supreme Court issued one of its most controversial decisions.

United StatesReal Estate and Construction

In 2005, the US Supreme Court issued one of its most controversial decisions. In Kelo v. City of New London, the Court held that it was not unconstitutional to use the power of eminent domain to take homes and other private property and transfer the property to private entities for economic development. It found that economic development was a "public purpose" which, therefore, satisfied the Fifth Amendment "public use" requirement.

Although the taking was held to be constitutional, the extraordinary public reaction caused the City of New London to abandon the project. 9 years later, the property still remains vacant. New London Mayor Daryl Justin Finizio ultimately issued an apology to former Fort Trumbull property owners and announced a restructuring of the New London Development Corp.

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