High Court Defers to Legislatures on Takings for “Public Use”

The Supreme Court has upheld the City of New London’s plan to acquire private waterfront homes for private economic development, ruling that courts must defer to legislatures about whether a taking is for a “public use” within the meaning of the Fifth Amendment. Kelo v. City of New London , No. 04-108, --- S.Ct. ---, 2005 WL 1469529 (June 23, 2005). The 5-4 decision was written by Justice Stevens and joined by the other three liberals and Justice Kennedy. Justice O’Connor wrote a dissent that was joined by Chief Justice Rehnquist and Justices Scalia and Thomas. Justice Thomas also wrote his own dissent.