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US Land Use Case Law: Kelo v. City of New London Essay

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Facts

In 2000, the City of New London exercised its right for eminent domain and seized the land of private citizens, alleging that it had been necessary for public use. It should be noted that this land was given to a company that had promised to create jobs for the community. Yet, this company failed to keep this promise. In turn, one of the citizens, whose land was seized, alleged that these actions of the government had violated the Constitution of the United States, especially, the Fifth Amendment. This case could have significant implications, especially for such an area as the exercise of eminent domain.

Issue

Does the state have a right to take the real property of individuals and transfer it to private companies? Is the notion of public use applicable to this particular situation?

Law

Under these circumstances, the most relevant law is the Fifth Amendment of the U.S. Constitution. Moreover, much attention should be paid to the Takings Clause which is included in this amendment according to which a person should be provided with compensation, if his/her property is taken for public use.

Analysis

The court decided that the land could be given to a private developer since this private property could be used to promote the interests of the public. In this case, one should speak primarily about job creation. Therefore, in this case, such terms as public use and public interest were used as interchangeable notions. This is the line of reasoning that judges followed.

Conclusion

Therefore, the court postulated that the City of New London had a right to use the land while the claims of the plaintiffs were dismissed. These are the main details that can be singled out.

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IvyPanda. (2021, April 9). US Land Use Case Law: Kelo v. City of New London. Retrieved from https://ivypanda.com/essays/us-land-use-case-law-kelo-v-city-of-new-london/

Work Cited

"US Land Use Case Law: Kelo v. City of New London." IvyPanda, 9 Apr. 2021, ivypanda.com/essays/us-land-use-case-law-kelo-v-city-of-new-london/.

1. IvyPanda. "US Land Use Case Law: Kelo v. City of New London." April 9, 2021. https://ivypanda.com/essays/us-land-use-case-law-kelo-v-city-of-new-london/.


Bibliography


IvyPanda. "US Land Use Case Law: Kelo v. City of New London." April 9, 2021. https://ivypanda.com/essays/us-land-use-case-law-kelo-v-city-of-new-london/.

References

IvyPanda. 2021. "US Land Use Case Law: Kelo v. City of New London." April 9, 2021. https://ivypanda.com/essays/us-land-use-case-law-kelo-v-city-of-new-london/.

References

IvyPanda. (2021) 'US Land Use Case Law: Kelo v. City of New London'. 9 April.

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