Kelo v. New London — Losing the Battle but Winning the War

This year marks the five-year anniversary of the landmark case, Kelo v. New London, which educated the public about the state’s abuse of the power of eminent domain.

On June 23, 2005, the Supreme Court ruled that economic development by a private party was a valid public purpose for which the power of eminent domain could be used. As a result of the ruling, seven New London, Connecticut, families lost their homes to private developers.

The public revolt following the Supreme Court decision forced the vast majority of state legislatures and many state supreme courts to take steps to limit Kelo.

As of August, 2010, the lush land where 75 homes once surrounded Susette Kelo’s little pink house has turned to fields of weeds because the developer was unable to obtain financing.

“For property owners nationwide, Kelo is a classic example of losing the battle but winning the war,” said Scott Bullock, an Institute for Justice senior attorney who argued the case on behalf of the homeowners. ”

The Institute for Justice released a comprehensive report on the case and the aftermath, “Five Years After Kelo: the Sweeping Backlash Against One of the Supreme Court’s Most-Despised Decisions.”

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