Some background here; there’s also an actual book on the subject called Little Pink House. Anyway, turns out that there was no need in this specific case to throw out residents from their houses; it was superfluous to requirements, apparently.
Pfizer abandons site of infamous Kelo eminent domain taking
The private homes that New London, Conn., took away from Suzette Kelo and her neighbors have been torn down. Their former site is a wasteland of fields of weeds, a monument to the power of eminent domain.
But now Pfizer, the drug company whose neighboring research facility had been the original cause of the homes’ seizure, has just announced that it is closing up shop in New London.
To lure those jobs to New London a decade ago, the local government promised to demolish the older residential neighborhood adjacent to the land Pfizer was buying for next-to-nothing. Suzette Kelo fought the taking to the Supreme Court, and lost. Five justices found this redevelopment met the constitutional hurdle of “public use.”
Oops?
Moe Lane
PS: I’d just like to note for the record that the dissenting judges on this one - the ones respectful of private property, in other words - were Judges O’Connor, Rehnquist, Scalia, & Thomas.
Crossposted to Moe Lane.

PRIVATE property
jccbin Monday, November 9th at 7:24PM EST (link)is what you mean, I’m certain, in the last para.
So, do the homeowners get their land back and new homes built on the city’s dime?
LOL
Oops! Fixed.
Moe Lane Monday, November 9th at 7:49PM EST (link)Thanks.
Check out my new blog at http://moelane.com/.
http://twitter.com/moelane
My (blogging-related) wish list.
Kelo is one of the most significant milestones our history
Return to Revolution Monday, November 9th at 7:42PM EST (link)toward knocking down the foundation of our system (from the courts). Of course Obama is working hard to legislate away what remains.
The evil of the world is made possible by nothing but the sanction you give it.
Kelo is the biggest unused weapon in
mikerazar Monday, November 9th at 9:15PM EST (link)the GOP arsenal. Had Mccain and Palin raised it, especially if they also had opposed TARP, they would have won.
I actually tried in vain to interest the campaign in it but, of course I was ignored along with everybody else with the audacity to question their strategy.
Moe…Thanks for reminding us,
Not just Kelo...I read something the other day that has something like 80% of people polled think Judges are out of control
AceInTX Monday, November 9th at 9:38PM EST (link)and activist judges need to be reigned back in…
There are so many hammers Republicans could pick up and pound the Democrats with…but why don’t they?
woudn’t want to be dis invited from the white house correspondents dinner now would we?
House Conservatives Fund
Michael Williams for Senate
Toomey US Senate
SarahPAC
Those R's in elected office
LDahl752 Tuesday, November 10th at 2:13PM EST (link)are there because they’ve snowed the voters just as much as the D’s have. If only we had more “principled” candidates and elected representatives and senators like Fred Thompson and a GOP leadership who cared as much about the country, our liberty, our prosperity and our ability to survive as a free nation as he did. They simply don’t “get it.” Once our economy has been destroyed by their insane legislation, the citizenry will be forced to focus on personal survival far more than reversing all the damage currently being done in Washington, D.C. Term limits for the entire Congress is about the only thing that will rein in these career politicians — and, I just can’t imagine that happening in my lifetime. These are dark days. Yes, I will do whatever possible to replace those who ignore our Constitution. But, it is going to be a long, hard struggle for this country to get back to valuing freedom more than relying on the central gov’t to “take care of us.” I’m not optimistic.
Linda D, Henderson NV
Allow Me to make myself very unpopular...
tsquare Monday, November 9th at 10:14PM EST (link)Full Disclosure: I am a practicing Architect. I make my living, in part, redeveloping properties.
Eminent domain remains a powerful tool in the redevelopment of urban property. Often in assembling land for large projects, one or two small property owners will refuse to sell. Their issue is not fairness of price or other terms… they in fact, more often than not, don’t have an issue… they simply do not wish to sell. Suzette Kelo was one such owner.
From a moral perspective… how much difference is there between Suzette Kelo and people that would hold up oil drilling, or stop the cutting of trees, or the erection of a wind farm off of Cape Cod?
Like all powerful tools, eminent domain can be used both ineffectually and also it can be abused. This case, Kelo, as decided by the court, understands that… as well as they understood that it needed to remain a tool to use… and be used in different forms and in different ways in different places. One size does not fit all. Thus the court allowed for ‘localities’ to set their own standards for using eminent domain. Many (most?) states, counties and cities have done just that… the only thing that they have in common is that they are all different.
So congratulations to Suzette Kelo… she managed to delay things… for ten years… and help drive a major employer out of New London. I would hope now that she could enjoy this ‘victory’ of hers… having prevailed in the end… but I fell that she will not. She is now a very bitter person, and having seen her speak several times, I know that likely she will stay that way until she is consumed in the end by her hate.
PS before anyone asks… because someone always does… yes they can take my house… and my Mother’s across the street and my sister’s next door to me… and build… whatever. As long as we are ‘fairly compensated’ and the check clears… I can be out by the end of the week. I don’t get emotional over real estate or ‘things’ in general.
yeah, no, I am looking for this "eminent domain" in the U.S. Constitution...
DONTREADONME Monday, November 9th at 10:20PM EST (link)I can not find it, could you help me find it? No seriously, I don’t see it, maybe I missed a different search term.
“The UN is right? you can’t be any more “un”; Than you are right now, the UN is undone, Another mushroom cloud, another smoking gun, The threat is real, the Locust King has come, Don’t tell me the truth; I don’t like what they’ve done, Just give me ammo for the United Abominations”-Megadeth
Try here...
tsquare Monday, November 9th at 10:27PM EST (link)No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
-The 5th Amendment
woah, there's no period in that sentence...
DONTREADONME Monday, November 9th at 10:32PM EST (link)This amendment says nothing to me about eminent domain, it was once taught that only during wartime can a reasonable argument be made for the seizure of private property with just compensation.
If this is how this was interpreted, then the Supreme Court has 5 dumba$$es.
“The UN is right? you can’t be any more “un”; Than you are right now, the UN is undone, Another mushroom cloud, another smoking gun, The threat is real, the Locust King has come, Don’t tell me the truth; I don’t like what they’ve done, Just give me ammo for the United Abominations”-Megadeth
Period...
tsquare Monday, November 9th at 10:38PM EST (link)There is one here:
http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html
I supposed you missed the period in that doesn't exist, (the 5th Amendment)...
DONTREADONME Monday, November 9th at 10:51PM EST (link)until the end of the entire amendment. Read closely, its kind of like the 2nd amendment w/ the comma and not a semicolon. Here’s my point
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger;
Now you will notice the appearance of a semicolon in the sentence. Lets look at it this way…
When in actual service in time of War or public danger, a person shall not be compelled in any criminal case to be a witness against himself.
When in actual service in time of War or public danger, a person shall not be deprived of life, liberty, or property, without due process of law
When in actual service in time of War or public danger, a person’s private property shall not be taken for public use, without just compensation.
That’s what the 5th Amendment was for, not the perverted meaning that the Supreme’s have contemplated it to mean.
“The UN is right? you can’t be any more “un”; Than you are right now, the UN is undone, Another mushroom cloud, another smoking gun, The threat is real, the Locust King has come, Don’t tell me the truth; I don’t like what they’ve done, Just give me ammo for the United Abominations”-Megadeth
darn it...
DONTREADONME Monday, November 9th at 11:09PM EST (link)let me rephrese…
When not in actual service of time or War or public danger;
“The UN is right? you can’t be any more “un”; Than you are right now, the UN is undone, Another mushroom cloud, another smoking gun, The threat is real, the Locust King has come, Don’t tell me the truth; I don’t like what they’ve done, Just give me ammo for the United Abominations”-Megadeth
OK, I messed this up again...
DONTREADONME Monday, November 9th at 11:12PM EST (link)time for me to go to bed…
Now you will never believe me…
Except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger, a person shall not…
Great now that I butchered my point, you will think I have actually no idea what I am talking about.
You may be right. I will leave Redstate tonight in shame
“The UN is right? you can’t be any more “un”; Than you are right now, the UN is undone, Another mushroom cloud, another smoking gun, The threat is real, the Locust King has come, Don’t tell me the truth; I don’t like what they’ve done, Just give me ammo for the United Abominations”-Megadeth
did I forget to mention, the Supreme Court doesn't care what I think, so you win-nt
DONTREADONME Monday, November 9th at 11:28PM EST (link)“The UN is right? you can’t be any more “un”; Than you are right now, the UN is undone, Another mushroom cloud, another smoking gun, The threat is real, the Locust King has come, Don’t tell me the truth; I don’t like what they’ve done, Just give me ammo for the United Abominations”-Megadeth
The difference
mustango Monday, November 9th at 10:28PM EST (link)“From a moral perspective… how much difference is there between Suzette Kelo and people that would hold up oil drilling, or stop the cutting of trees, or the erection of a wind farm off of Cape Cod?”
The way I see it, the primary difference is, those other people are trying to exercise control over property they DON’T own, while Susan Kelo was simply trying to exercise control over property she DID own.
He really doesn't have a moral perspective.
Tbone Monday, November 9th at 10:42PM EST (link)He has a business perspective. In fact, if his thumb wasn’t otherwise employed, he could hold it up and get a better perspective.
Envisioning when all that is Left is the Right.
Not only the moral perspective
JoeG Tuesday, November 10th at 1:46AM EST (link)But this should be the legal perspective.
If you want someone else's property, pay them what they want for it
David123 Monday, November 9th at 10:36PM EST (link)It’s their property. If they don’t want to sell it for what you’re offering, they shouldn’t have to.
Using eminent domain to take someone’s house at a price they’re unwilling to sell it for unless it’s for a true public purpose - and even then it should only be a last resort.
David123
Are you saying only thieves can be architects?
mikerazar Monday, November 9th at 10:45PM EST (link)Eminent domain is theft. End of story. If you want to build a factory, pay the market price for the property you need. Who determines market price. Let’s see…
HOW ABOUT THE OWNER OF THE PROPERTY?
The fifth amendment guarantees just compensation, but neglects to define that term. Pompous judges like to substitute their own judgment. The fact is that eminent domain has always been used by corrupt politicians to steal from the poor and give to the rich. Don’t fall for the reverse lie either. Robin Hood stole from the rich and the poor and kept the loot.
The difference between Ms. Kelo and the treehuggers is that she was defending HER property from a thief. They are trying to deprive others of the use of their own property. They are the thieves. All the difference in the world!
I agree with one thing you say. Congratulations to Suzette Kelo! I don’t get emotional about most “things” either. But I get very emotional over government violations of the rights of fellow citizens.
heh tsquare, you knew this was going to happen...
DONTREADONME Monday, November 9th at 11:06PM EST (link)come on, these conversations are fun though you must admit. I actually enjoy these conversations because they help me to understand, whether I’m right or wrong, I usually learn something.
I distinctly remember seeing the Amendment V in grade school and remember learning that those things that are spelled out are things the U.S. Government or State can not do unless under the prescription of war-time. Remember the Constitution is to spell out things the Government can not do to its citizens; however, in this case, the founders allowed for special times of war and public danger. Other than that, it appears to me that the U.S. Constitution clearly states that the Government can not do those things, unless the Congress declares War. Of course the perverted left can take the public danger for whatever they want it to mean.
“The UN is right? you can’t be any more “un”; Than you are right now, the UN is undone, Another mushroom cloud, another smoking gun, The threat is real, the Locust King has come, Don’t tell me the truth; I don’t like what they’ve done, Just give me ammo for the United Abominations”-Megadeth
Indeed...
DefendUSA Tuesday, November 10th at 6:37AM EST (link)You don’t seem to have considered that Kelo’s compensation was nothing in comparison to what she would have had to reinvest for property of like kind. She was standing up for what should have remained her private property.
And where do you get off saying that Kelo drove Pfizer out of business? THAT is ludicrous. If what they “needed” to do was build, why didn’t they? 4 years ago!!
I would be bitter, too. And hopefully, I’d have gotten over it, if the “progress”
that was supposed to happen actually happened. Sadly, they lost a big part of their lives because of power wielded by others.
Good for you that YOU would gladly walk away. I wonder if you’d feel the same after living in a home for 40 years.
3 more years of the Pied Piper’s pretentious Presidency. Thank God for small favors.
Well, Mr. Unpopular...
racvt Tuesday, November 10th at 7:35AM EST (link)to Tsquare: My brother in law, a practicing architect with SOM (Skidmore, Owings & Merrill) decades ago, was charged with determining the ‘feasibility’ of an interstate route through Baltimore.
After interviewing the impacted neighborhood residents (inner city, poor and black), he concluded that tearing up the neighborhood was not in ‘their’ public’s interest. … and caught hell for it.
While you may be free to pick up and move if the price is right, your neighbor may not be so easily bought.
Consider this: Does one become less of a wh*re if she’ll sleep with anyone, provided the price is high enough?
racvt
This is America dammit!!
wayneepalmer Tuesday, November 10th at 8:50AM EST (link)Do you not understand a single thing about what this country is about? Does that whole Constitution thingy offend you?
You have no clue about Freedom, dammit!
That land was hers. She bought it and made her home in it and intended on dying on it and that was her right - profit and the needs of the many be damned.
The land It does not belong to the government. It does not belong to whoever can make more money or provide more jobs and has lawyers.
Shoving people around so that others can profit the province of tyrants. That was what we did to the Native Americans and what Kelo allows to be done to every American. You want us to be China.
We took Native land to get the gold and now you think it is cool to steal everyone’s so you can others get the new gold. You are fighting for the right to be a thief and you want to make theft legal.
Freedom is more important than profit and property rights are a part of Freedom. Without Freedom in the end this country will be the same as every 3rd world despotic Hell where a few have everything and most people live in absolute squalor and the rich and powerful - for the excuse of creating jobs (and losts of money for them) shove them around at will. I’ve been around the 3rd world. I know of what I speak.
Pfizer had other options and so do you. You just want the easy ones that make the most money and to Hell with the Freedom of those who get in your way.
If you are so interested in using land effectively, why don’t you Kelo a park or some public office building?
True peace between two enemies has only ever been acheived when one side has utterly defeated the other…if you doubt this truth visit Nagasaki sometime.
Yes, very unpopular indeed
Return to Revolution Tuesday, November 10th at 9:51AM EST (link)One perspective that may be helpful is to look at land ownership in terms of mutual consent v. force. Sometimes folks forget that the government is, literally, force. The Kelo case is nothing more than a group of people resorting to guns to take someone’s property when mutual consent failed. Can you really justify your occupation if you have to use government force in order to work? Are you willing to point a gun at Suzette Kelo and force her out of her house yourself? If your answer to that is no, then the Kelo ruling cannot be just. If yes, you don’t belong in a free society.
Yes, the constitution allows for the government to use such force but it is very specific and severely limited. The Kelo case allows anyone to take anyone else’s land for any reason. The misinterpretation in the Kelo case is so gross one has to wonder if it was deliberate.
Also, picking through the constitution looking for justification is akin to the socialized healthcare crowd using the “general welfare” clause as constitutional justification. If you accept that the founders were trying to create a system of maximum individual rights - defined by prohibiting the initiation of force for any reason - then all of this goes out the window. And if the founders were not trying to create such a system, what the hell were they trying to do?
Fighting the government over unjust use of force is only half the battle. More fundamentally, people need to stop tolerating the use of force on their behalf.
The evil of the world is made possible by nothing but the sanction you give it.
Obtuse is the word...
rivahmitch Tuesday, November 10th at 10:16AM EST (link)The difference is that Suzette Keloand the other cases you mentioned is that OWNED her property. She had paid taxes on it for years and rightly considered it hers.
The Constitution allows the taking of private property by imminent domain for “public purpose”. If you think “public purpose” means that the local taxing body can realize greater revenue by turning it over to another Private Party, you really don’t believe in private property. If yoiu personally wish to be a serf, that’s your privilege. If you inflict serfdom on your neighbors, that makes you an enemy. The Supreme Court decision, of which you are so approving, in essence said that you only own your property until any level of government decides for any reason that you don’t…
Over such issues will blood be spilled and rightly so.
i am not an architect....
chuckie Tuesday, November 10th at 10:48AM EST (link)….neither do i play one on television…..nor have i stayed at a holiday inn express….
…..nevertheless….i live in a house that i designed stick by stick, with the aid of a comprehensive home construction book…i sat at the dining room table in our 900 sq ft home, and magically produced this 3200 sq ft home we now inhabit, with some graph paper and pencils……the walls are where i put them….the windows and doors are where i put them….if the book said use 2×10s for those floor joists, we used 2×12s just in case…..
….after that…..we got some money from the bank, and proceeded to build the dream….i mean…WE built it, we did not pay someone else to do the work….even the two preteen sons helped hammer flooring down….
….after that…….we took our six acres of scrub and multiflora wilderness and made it into a park….most people compare it to a golf course, but we llike it anyway….where the water used to flood thru the hollow, i dug canals and told it to stay where it belonged….a ditch i dug “two shovels wide and two shovels deep” is now a creek four feet wide and three feet deep that holds all the water it needs to hold…..
….we have lived here almost twenty years now…..are you sure you want to tell me that a collection of anonymous strangers should have the right to tell us we MUST sell our home and move…??????…
……..do you really think there is such a thing as a FAIR COMPENSATION for what we would be losing here…???…
…..my heart breaks for Suzette Kelo today……she is not “vindicated,” she has not “won” anything…..she will never get her home back….and now, it was stolen for zilch nada bupkiss ….just the government seeing what it could get away with……
"they simply do not wish to sell. Suzette Kelo was one such owner"
Tbone Monday, November 9th at 10:26PM EST (link)Nor should they be required to unless there is a public necessity. Redevelopment for profit is not a public necessity, it is a public nicesity.
Funny, but I kind of feel about your organs as you do about my real estate. Hey, as long as the check clears you still would have one kidney left. I wonder if Mom would feel “fairly compensated for.. well, I was going to say “your heart” but who would want one as small as yours?
Envisioning when all that is Left is the Right.
5-nt
DONTREADONME Monday, November 9th at 10:27PM EST (link)“The UN is right? you can’t be any more “un”; Than you are right now, the UN is undone, Another mushroom cloud, another smoking gun, The threat is real, the Locust King has come, Don’t tell me the truth; I don’t like what they’ve done, Just give me ammo for the United Abominations”-Megadeth
BINGO - there's the difference
bk Tuesday, November 10th at 6:45AM EST (link)If there is some overriding public benefit involved, then it’s one thing. The way Kelo seemed to work out is that if I own a piece of property, and someone else
promisesclaims that theywillmight at some point in the future pay more in property taxes than I do by converting it to some other private use, then the local government can confiscate my property.David Souter - NH's shame
wayneinnh Tuesday, November 10th at 7:24AM EST (link)It is too bad that the Lost Liberty Hotel never caught on. Seizing Souter’s house for a hotel would have been a perfectly legitimate use of the property according to his own decision.
Thoughts From a Fallen World
Jon 14:6 -
Jesus said to him, “I am the way, and the truth, and the life; no one comes to the Father but through Me.”
It’s not intellectual to believe we evolved from hydrogen gas.