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KELO et al. v. CITY OF NEW LONDON et al.

certiorari to the supreme court of connecticut

No. 04–108. Argued February 22, 2005—Decided June 23, 2005

After approving an integrated development plan designed to revitalize its ailing economy, respondent city, through its development agent, purchased most of the property earmarked for the project from willing sellers, but initiated condemnation proceedings when petitioners, the owners of the rest of the property, refused to sell. Petitioners brought this state-court action claiming, inter alia, that the taking of their properties would violate the “public use” restriction in the Fifth Amendment’s Takings Clause. The trial court granted a permanent restraining order prohibiting the taking of some of the properties, but denying relief as to others. Relying on cases such as Hawaii Housing Authority v. Midkiff, 467 U. S. 229, and Berman v. Parker, 348 U. S. 26, the Connecticut Supreme Court affirmed in part and reversed in part, upholding all of the proposed takings.

Held: The city’s proposed disposition of petitioners’ property qualifies as a “public use” within the meaning of the Takings Clause. Pp. 477–490.

(a) Though the city could not take petitioners’ land simply to confer a private benefit on a particular private party, see, e. g., Midkiff, 467 U. S., at 245, the takings at issue here would be executed pursuant to a carefully considered development plan, which was not adopted “to benefit a particular class of identifiable individuals,” ibid. Moreover, while the city is not planning to open the condemned land—at least not in its entirety—to use by the general public, this “Court long ago rejected any literal requirement that condemned property be put into use for the . . . public.” Id., at 244. Rather, it has embraced the broader and more natural interpretation of public use as “public purpose.” See, e. g., Fall brook Irrigation Dist. v. Bradley, 164 U. S. 112, 158–164. Without exception, the Court has defined that concept broadly, reflecting its long standing policy of deference to legislative judgments as to what public needs justify the use of the takings power. Berman, 348 U. S. 26; Midkiff, 467 U. S. 229; Ruckelshaus v. Monsanto Co., 467 U. S. 986. Pp. 477–483.

(b) The city’s determination that the area at issue was sufficiently distressed to justify a program of economic rejuvenation is entitled to deference. The city has carefully formulated a development plan that it believes will provide appreciable benefits to the community, including, but not limited to, new jobs and increased tax revenue. As with other exercises in urban planning and development, the city is trying to coordinate a variety of commercial, residential, and recreational land uses, with the hope that they will form a whole greater than the sum of its parts. To effectuate this plan, the city has invoked a state statute that specifically authorizes the use of eminent domain to promote economic development. Given the plan’s comprehensive character, the thorough deliberation that preceded its adoption, and the limited scope of this Court’s review in such cases, it is appropriate here, as it was in Berman, to resolve the challenges of the individual owners, not on a piecemeal basis, but rather in light of the entire plan. Because that plan unquestionably serves a public purpose, the takings challenged here satisfy the Fifth Amendment. Pp. 483–484.

(c) Petitioners’ proposal that the Court adopt a new bright-line rule that economic development does not qualify as a public use is supported by neither precedent nor logic. Promoting economic development is a traditional and long-accepted governmental function, and there is no principled way of distinguishing it from the other public purposes the Court has recognized. See, e. g., Berman, 348 U. S., at 33. Also rejected is petitioners’ argument that for takings of this kind the Court should require a “reasonable certainty” that the expected public benefits will actually accrue. Such a rule would represent an even greater departure from the Court’s precedent. E. g., Midkiff, 467 U. S., at 242. The disadvantages of a heightened form of review are especially pronounced in this type of case, where orderly implementation of a comprehensive plan requires all interested parties’ legal rights to be established before new construction can commence. The Court declines to second-guess the wisdom of the means the city has selected to effectuate its plan. Berman, 348 U. S., at 35–36. Pp. 484–490.

268 Conn. 1, 843 A. 2d 500, affirmed.

Stevens, J., delivered the opinion of the Court, in which Kennedy, Souter, Ginsburg, and Breyer, JJ., joined. Kennedy, J., filed a concurring opinion, post, p. 490. O’Connor, J., filed a dissenting opinion, in which Rehnquist, C. J., and Scalia and Thomas, JJ., joined, post, p. 494. Thomas, J., filed a dissenting opinion, post, p. 505.

Scott G. Bullock argued the cause for petitioners. With him on the briefs were William H. Mellor, Dana Berliner, and Scott W. Sawyer.

Wesley W. Horton argued the cause for respondents. With him on the brief were Thomas J. Londregan, Jeffrey T. Londregan, Edward B. O’Connell, and David P. Condon.[1]

  1. Briefs of amici curiae urging reversal were filed for the American Farm Bureau Federation et al. by Michael M. Berger, Nancy McDonough, and Gideon Kanner; for America’s Future, Inc., et al. by Andrew L. Schlafly; for the Becket Fund for Religious Liberty by Anthony R. Picarello, Jr., and Roman P. Storzer; for the Better Government Association et al. by Barry Levenstam and Jeremy M. Taylor; for the Cascade Policy Institute et al. by James L. Huffman; for the Cato Institute by Richard A. Epstein, Timothy Lynch, and Robert A. Levy; for the Claremont Institute Center for Constitutional Jurisprudence by John C. Eastman; for Develop Don’t Destroy (Brooklyn), Inc., et al. by Norman Siegel and Steven Hyman; for the Goldwater Institute et al. by Mark Brnovich; for King Ranch, Inc., by Michael Austin Hatchell and William Scott Hastings; for the Mountain States Legal Foundation et al. by William Perry Pendley and Joseph F. Becker; for the National Association for the Advancement of Colored People et al. by Jason M. Freier, Dennis Courtland Hayes, Michael Schuster, and Douglas E. Gershuny; for the National Association of Home Builders et al. by Mary Lynn Pickel, John J. Delaney, Laurene K. Janik, and Ralph W. Holmen; for New London Landmarks, Inc., et al. by Michael E. Malamut, Andrew R. Grainger, and Martin J. Newhouse; for the New London R. R. Co., Inc., by Michael D. O’Connell; for the Property Rights Foundation of America, Inc., by H. Christopher Bartolomucci and Jonathan L. Abram; for the Reason Foundation by Mark A. Perry and Thomas H. Dupree, Jr.; for the Rutherford Institute by John W. Whitehead; for the Tidewater Libertarian Party by Stephen Merrill; for David L. Callies et al. by Mr. Callies, pro se; for Mary Bugryn Dudko et al. by James S. Burling; for Jane Jacobs by Robert S. Getman; for Laura B. Kohr et al. by Joel R. Burcat and John C. Snyder; for John Norquist by Frank Schnidman; and for Robert Nigel Richards et al. by Kenneth R. Kupchak and Robert H. Thomas.

    Briefs of amici curiae urging affirmance were filed for the State of Connecticut by Richard Blumenthal, Attorney General, and Robert D. Snook, Assistant Attorney General; for the State of Vermont et al. by William H. Sorrell, Attorney General of Vermont, and Bridget C. Asay and S. Mark Sciarrotta, Assistant Attorneys General, and by the Attorneys General for their respective jurisdictions as follows: M. Jane Brady of Delaware, Robert J. Spagnoletti of the District of Columbia, Mark J. Bennett of Hawaii, Lisa Madigan of Illinois, J. Joseph Curran, Jr., of Maryland, Mike McGrath of Montana, Eliot Spitzer of New York, W. A. Drew Edmondson of Oklahoma, Hardy Myers of Oregon, Patrick C. Lynch of Rhode Island, Lawrence E. Long of South Dakota, and Paul G. Summers of Tennessee; for the American Planning Association et al. by Thomas W. Merrill and John D. Echeverria; for Brooklyn United for Innovative Local Development (BUILD) et al. by David T. Goldberg and Sean H. Donahue; for the California Redevelopment Association by Iris P. Yang; for the City of New York by Michael A. Cardozo, Leonard J. Koerner, Edward F. X. Hart, and Jane L. Gordon; for the Connecticut Conference of Municipalities et al. by Allan B. Taylor and Michael P. Shea; for the K. Hovnanian Companies, LLC, by Paul H. Schneider; for the Massachusetts Chapter of the National Association of Industrial and Office Properties by R. Jeffrey Lyman and Richard A. Oetheimer; for the Mayor and City Council of Baltimore by Ralph S. Tyler III; for the National League of Cities et al. by Richard Ruda, Timothy J. Dowling, and J. Peter Byrne; for the New York State Urban Development Corp. d/b/a Empire State Development Corp. by Joseph M. Ryan, John R. Casolaro, Susan B. Kalib, and Jack Kaplan; and for Robert H. Freilich et al. by Mr. Freilich, pro se.