Overturning Kelo
17th March 2025
The Supreme Court’s ruling in Kelo v. City of New London is undoubtedly one of its worst decisions in the past 20 years. The Court gave state and local governments the option to transfer private property from its rightful owner to another private owner, justifying this as a “public use” since it will supposedly promote “economic development.” Kelo is a classic example of activist judges rationalizing a predetermined result—in this case, overturning the Constitution’s protection of private property rights.
The Court’s decision stripped Susette Kelo and her neighbors in the historic Fort Trumbull neighborhood of their property in order to build an “urban village”—a fact Justice John Paul Stevens breezily dismisses in his opinion, which is a thoroughly unimpressive piece of legal legerdemain. Stevens failed to note that the neighborhood would be bulldozed even though he acknowledged that not only had Kelo lived in her house since 1997, and had made substantial improvements to her property, but that “Wilhelmina Dery was born in her Fort Trumbull house in 1918 and has lived there her entire life.” The continued existence of what was apparently a very stable residential area, however, could not be allowed to stand in the way of “progress.” Stevens held that the residents and their homes must be sacrificed in the interest of a supposed greater good.
The thousands of new jobs and millions of dollars in new tax revenue that were promised, however, never materialized. Instead, an extremely expensive vacant lot now sits where the neighborhood once stood. The City of New London even tried to charge the former residents for five years of back rent as punishment for having contested what was essentially nothing but municipal extortion for the benefit of Pfizer.