Unit5_KeloVNewLondonDISSENT - Cite as 545 U S(2005 O'CONNOR...

Info icon This preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
Cite as: 545 U. S. ____ (2005) 1 O°C ONNOR , J., dissenting SUPREME COURT OF THE UNITED STATES _________________ No. 04±108 _________________ SUSETTE KELO, ET AL ., PETITIONERS v. CITY OF NEW LONDON, CONNECTICUT, ET AL . ON WRIT OF CERTIORARI TO THE SUPREME COURT OF CONNECTICUT [June 23, 2005] J USTICE O°C ONNOR , with whom T HE C HIEF J USTICE , J USTICE S CALIA , and J USTICE T HOMAS join, dissenting. Over two centuries ago, just after the Bill of Rights was ratified, Justice Chase wrote: ²An ACT of the Legislature (for I cannot call it a law) contrary to the great first principles of the social com- pact, cannot be considered a rightful exercise of legis- lative authority . . . . A few instances will suffice to explain what I mean. . . . [A] law that takes property from A. and gives it to B: It is against all reason and justice, for a people to entrust a Legislature with SUCH powers; and, therefore, it cannot be presumed that they have done it.³ Calder v. Bull , 3 Dall. 386, 388 (1798) (emphasis deleted). Today the Court abandons this long-held, basic limitation on government power. Under the banner of economic development, all private property is now vulnerable to being taken and transferred to another private owner, so long as it might be upgraded´ i.e. , given to an owner who will use it in a way that the legislature deems more bene- ficial to the public´in the process. To reason, as the Court does, that the incidental public benefits resulting from the subsequent ordinary use of private property render economic development takings ²for public use³ is to
Image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
2 KELO v. NEW LONDON O°C ONNOR , J., dissenting wash out any distinction between private and public use of property´and thereby effectively to delete the words ²for public use³ from the Takings Clause of the Fifth Amend- ment. Accordingly I respectfully dissent. I Petitioners are nine resident or investment owners of 15 homes in the Fort Trumbull neighborhood of New London, Connecticut. Petitioner Wilhelmina Dery, for example, lives in a house on Walbach Street that has been in her family for over 100 years. She was born in the house in 1918; her husband, petitioner Charles Dery, moved into the house when they married in 1946. Their son lives next door with his family in the house he received as a wedding gift, and joins his parents in this suit. Two petitioners keep rental properties in the neighborhood. In February 1998, Pfizer Inc., the pharmaceuticals manufacturer, announced that it would build a global research facility near the Fort Trumbull neighborhood. Two months later, New London°s city council gave initial approval for the New London Development Corporation (NLDC) to prepare the development plan at issue here. The NLDC is a private, nonprofit corporation whose mis- sion is to assist the city council in economic development planning. It is not elected by popular vote, and its direc- tors and employees are privately appointed. Consistent with its mandate, the NLDC generated an ambitious plan for redeveloping 90 acres of Fort Trumbull in order to ²complement the facility that Pfizer was planning to build,
Image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern