Public power, private benefits
If you're a homeowner, the U.S. Supreme Court will hear oral argument tomorrow in a case that should be of interest to you. In Kelo v. New London, the Court will consider " ... whether local governments have the power to condemn land for private enterprises aimed at boosting local tax revenue - rather than for traditional public projects such as bridges, roads and parks."
Ms. Kelo and her fellow petitioners are trying to stop the city of New London, Connecticut -- or, more precisely, the New London Development Corporation, a private entity to which the city surrendered its power of eminent domain -- from taking their land and turning it over to private developers, who plan to erect a tax-generating hotel and conference center.
The Fifth Amendment to the U.S. Constitution provides, in relevant part, " ... nor shall private property be taken for public use, without just compensation." In construing the meaning of "public use," the Connecticut Supreme Court backed the city's plan, which, the court said, " ... is projected to create in excess of 1,000 jobs, to increase tax and other revenues and to revitalize an economically distressed city." But Ms. Kelo's attorneys say the court " ... incorrectly equated 'public use' with the ordinary 'public' benefits - taxes and jobs - that typically flow from private businesses' enterprises."
The Institute for Justice has more.