The pending landmark case, Kelo v. New London, is an appeal by property owners from a decision by the Connecticut Supreme Court that the Public Use Clause does not prohibit taking private property for economic development and revitalization purposes. The property owners, who collectively own 15 homes located on two parcels comprising 1.54 acres in the City’s proposed 90-acre redevelopment area, asked the nation’s highest court to override the state supreme court decision.  Oral arguments will be heard in the case on February 22.

The National League of Cities, the Connecticut Conference of Municipalities (CCM) and the other state municipal associations intervened as friends of the court on behalf of the City of New London and its economic development corporation.

“This case deals with an essential local government tool for economic development,” said Donald J. Borut, executive director of the National League of Cities. “While it is one case involving one city, a U.S. Supreme Court decision stopping New London from using eminent domain to implement this economic development plan would have major ramifications for every municipality in America.”

The question the Court will answer is whether using eminent domain, with payment of just compensation, to promote economic development in a depressed local economy in a manner that creates jobs, increases tax revenue and improves the overall public condition constitutes a public use under the Fifth Amendment.

CCM assembled 31 other state municipal leagues to argue, “the Fifth Amendment does not prohibit Connecticut from empowering a distressed municipality to use eminent domain to assemble small urban parcels into a unified package suitable for modern economic development.” 

New London’s redevelopment plans for the 90-acre Fort Trumbell site include a hotel, office and residential development, a marina and other public space.

CCM’s brief said that the use of eminent domain to assemble urban lands into unified parcels situated and sized to foster economic growth, where the market itself is incapable of doing so, is a “public use.”

Therefore, eminent domain can be used to acquire such land and is in accordance with the United States Constitution and the Connecticut State Constitution.

The unprecedented consortium of 32 state municipal leagues was organized by CCM, in coordination with NLC. The issue is of “very high importance” to cities and towns throughout the United States, according to Joel Cogen, executive director and general counsel of CCM.

NLC’s brief makes the case that the prudent use of  “eminent domain is often indispensable for revitalizing local economies, creating much-needed jobs, and generating revenue that enables cities to provide essential services.” 

The National Conference of State Legislatures, Council of State Governments, U.S. Conference of Mayors, National Association of Counties, International City/County Management Association and International Municipal Lawyers Association joined NLC on the brief, prepared by the State and Local Legal Center, which intervenes in U.S. Supreme Court cases on behalf of municipal and state governments. Attorneys general from 12 states and Washington, D.C., also filed a friend-of-the-court brief.

Examples of cities that successfully utilized eminent domain for economic development include Baltimore, New York City, Kansas City, Kan., Boston, and Canton, Miss.

Details: The CCM and NLC briefs are available to download from www.nlc.org.   Go to Judicial Advocacy »