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Sample Brief previously submitted by a student in BUAD 3470.
I. KELO et al. v. CITY OF NEW LONDON et al.
II. CITATION: 545 U.S. 469 (2005)
III. FACTS:
The city of New London, Connecticut, after the closing of the Naval Undersea Warfare Center, reactivated the New London Development Corporation (NLDC), a non-profit entity for land development in the city, specifically the Fort Trumbull area vacated by the U.S. Navy.
Pfizer Pharmaceuticals, Inc. expressed an interest in locating a research and production facility in the area. The city advised the NLDC to move forward with its plans. Over 90 acres of property were purchased and acquired through eminent domain for the development of residential housing, recreational, marina, retail and industrial parcels. Of the 90 acres, thirty-two of the acres came from Fort Trumbull and the remainder from private owners. All private owners, except 15, sold to the city for the project. The remaining 15 held out not for money, but for emotional and sentimental reasons. The Supreme Court of Connecticut ruled in favor of the taking of the private property under eminent domain. The United States Supreme Court granted certiorari and grouped all 15 cases in one appeal.
IV. LEGAL ISSUES:
Is the use of eminent domain to acquire property by the government and redirect for private use repugnant to the Fifth Amendment of the U.S. Constitution which reads “…nor shall private property be taken for public use, without just compensation”? Is the taking of property from A and giving it to B for economic development a “public use” under the Fifth Amendment?
V.
COURT DECISION:
In a 5 to 4 decision, the Supreme Court upheld the decision of the Connecticut Supreme. Justices Stevens, Kennedy, Souter, Ginsburg, and Breyer were in majority with Justices O’Connor, Rehnquist, Scalia, and Thomas dissenting.
VI. OPINION AND REASONING OF THE COURT: (by Justice Stevens)
The majority opinion and decision of the court was delivered by Justice Stevens. The majority opinion was primarily based on two previous court rulings, Hawaii Housing Authority v. Midkiff, 467 U.S. 229 (1984) and Berman v. Parker, 346 U.S. 26 (1954). In both cases the local government took property through emminent domain and redistributed it to private entitites for development and urban renewal.
The majority opinion held that the New London land in question is part of a “carefully considered” development plan. The opinion conceded that, “The sovereign may not take the property of A for the sole purpose of transferring it to another private party B, even though A is paid just compensation.” However, because the taking is part of a development plan and not just an arbitrary re-distribution of property, this makes it acceptable. The lower courts had found that there was no evidence of illegitimate purpose in this case, that the taking of the property was not for the sole benefit of one person. And while the land is not freely accessible to
http://caselaw.findlaw.com
U.S. Supreme Court
GIBBONS v. OGDEN, 22 U.S. 1 (1824)
22 U.S. 1 (Wheat.)
GIBBONS, Appellant,
v.
OGDEN, Respondent.
March 2, 1824
The acts of the Legislature of the State of New-York, granting to Robert R. Livingston and Robert Fulton the exclusive navigation of all the waters within the jurisdiction of that State, with boats moved by fire or steam, for a term of years, are repugnant to that clause of the constitution of the United States, which authorizes Congress to regulate commerce, so far as the said acts prohibit vessels licensed, according to the laws of the United States, for carrying on the coasting trade, from navigating the said waters by means of fire or steam.
APPEAL from the Court for the Trial of Impeachments and Correction of Errors of the State of New-York. Aaron Ogden filed his bill in the Court of Chancery of that State, against Thomas Gibbons, setting forth the several acts of the Legislature thereof, enacted for the purpose of securing to Robert R. Livingston and Robert Fulton, the [ Gibbons v. Ogden 22 U.S. 1 (1824)
exclusive navigation of all the waters within the jurisdiction of that State, with boats moved by fire or steam, for a term of years which has not yet expired; and authorizing the Chancellor to award an injunction, restraining any person whatever from navigating those waters with boats of that description. The bill stated an assignment from Livingston and Fulton to one John R. Livingston, and from him to the complainant, Ogden, of the right to navigate the waters between Elizabethtown, and other places in New-Jersey, and the city of New-York; and that Gibbons, the defendant below, was in possession of two steam boats, called the Stoudinger and the Bellona, which were actually employed in running between New-York and Elizabethtown, in violation of the exclusive privilege conferred on the complainant, and praying an injunction to restrain the said Gibbons from using the said boats, or any other propelled by fire or steam, in navigating the waters within the territory of New-York. The injunction having been awarded, the answer of Gibbons was filed; in which he stated, that the boats employed by him were duly enrolled and licensed, to be employed in carrying on the coasting trade, under the act of Congress, passed the 18th of February, 1793, c. 3. entitled, ‘An act for enrolling and licensing ships and vessels to be employed in the coasting trade and fisheries, and for regulating the same.’ And the defendant insisted on his right, in virtue of such licenses, to navigate the waters between Elizabethtown and the city of New-York, the said acts of the Legislature of the [22 U.S. 1, 3] State of New-York to the contrary notwithstanding. At the hearing, the Chancellor perpetuated the injunction, being of the opinion, that the said acts were not repugnant to the constitution and laws of the United States, and were valid. This decree was affirmed in the Cour
A former student’s Brief is included as a sample Brief for you to follow. This sample brief is located under the “Sample Assignment sheets” link on the course page. Please follow the format of this Brief when composing your assignment.
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