The Just Compensation Clause under the Fifth Amendment provides that the government shall not take private property for public use. The issue before the Supreme Court was whether the New London City violated the just compensation Clause in the Fifth Amendment by seizing private property and selling it for private development with the hopes that the development will help the city’s deteriorating economy through increased revenue and job creation. The Supreme Court held that the just compensation clause was not violated as the taking constituted a “public use” as envisaged by the Fifth Amendment. The ruling was predicated ...
Essays on New London
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Introduction
The main issue that revolves around this case is the issue of Eminent Domain. In KELO V. CITY of New London (2005), the United States Supreme Court upheld the use of the eminent domain power to take property from homeowners for the purpose of economic development. Under the Fifth Amendment, eminent domain may be used only for a public purpose. Conversely, public purpose is a wide notion. At this point Eminent Domain refers to the authority of the government to acquire certain properties for public use, for example building a freeway. The idea dates to the early seventeenth-century; in U.S. law, underneath ...
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