Home » Articles » Volume 39 » Issue 2 » Public Outcry: Kelo v. City of New London – A Proposed Solution

 
 

Public Outcry: Kelo v. City of New London – A Proposed Solution

 

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Abstract

This Article begins by considering the extensive—and largely negative— public reaction that resulted from the 2005 United States Supreme Court decision in Kelo v. City of New London, a case concerning eminent domain law when private property is taken for public use in an economic redevelopment plan. After reciting the underlying facts of the case and discussing both the majority opinion and dissenting opinions, the Article reviews further public, media, and legislative reactions to the decision. Next, the authors consider the Supreme Court’s previously announced standards for applying judicial review to state actions under the Equal Protection Clause. The Article concludes with a proposal in favor of using the intermediate standard of review for future eminent domain cases predicated on economic redevelopment plans. 

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