The case of the unpopular pay plan

New Atheism has lost its battle for the cultural high ground. But everyone else has long since passed them by.

The case of the unpopular pay plan

The owners, including lead plaintiff Susette Kelo of 8 East Street, sued the city in Connecticut courts, arguing that the city had misused its eminent domain power.

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The Takings Clause reads: The plaintiffs argued that economic development, the stated purpose of the taking and subsequent transfer of land to the New London Development Corporation, did not qualify as a public use under the Fifth Amendment.

The Connecticut Supreme Court heard arguments on December 2, The state court issued its decision Conn. BordenRichard N. Palmer and Christine Vertefeuille. Zarella wrote the dissent, joined by Chief Justice William J.

Sullivan and Justice Joette Katz. The court held that if a legislative body has found that an economic project will create new jobs, increase tax and other city revenues, and revitalize a depressed urban area even if that area is not blightedthen the project serves a public purpose, which qualifies as a public use.

ParkerU. MidkiffU. Incorporation of the Bill of Rightsprotect landowners from takings for economic development, rather than, as in Berman, for the elimination of slums and blight? Kelo was the first major eminent domain case heard at the Supreme Court since In that time, states and municipalities had slowly extended their use of eminent domain, frequently to include economic development purposes.

There was also an additional twist in that the development corporation was ostensibly a private entity; thus the plaintiffs argued that it was not constitutional for the government to take private property from one individual or corporation and give it to another, if the government was simply doing so because the repossession would put the property to a use that would generate higher tax revenue.

Kelo became the focus of vigorous discussion and attracted numerous supporters on both sides. Some 40 amicus curiae briefs were filed in the case, 25 on behalf of the petitioners.

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The latter groups signed an amicus brief arguing that eminent domain has often been used against politically weak communities with high concentrations of minorities and elderly. The case was argued on February 22, Oral arguments were presented on behalf of the petitioners plaintiffs by Scott G.

The case of the unpopular pay plan

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