Supreme Court Case Weakens Homeowners’ And CT Home Buyers’ Rights
Deborah Laemmerhirt 203.994.4297
It's been said that your home is your Castle. But one U.S. Supreme Court decision weakened the Castle's defenses in situations where the government is seeking to acquire property for public projects.
CT Homeowners be warned! In the case, the justices reaffirmed that cities can condemn properties under the doctrine of eminent domain if the land is to be used for a public purpose. The decision was important because, for the first time, it expands the definition of public purpose to include economic development projects. (Kelo, No. 04-108, 6/23/05)
Officials of the city of New London, Connecticut, sought to buy 15 homes in a residential neighborhood to clear the way for a redevelopment project handled by private developers. The project calls for an office park, hotel and upscale housing to be built along the Thames River. CT Home Buyers should know their rights.
City officials say the project is key to their redevelopment plans for the area, which has been dogged by high unemployment rates and a population drain for decades.
Homeowners who opposed the redevelopment effort appealed a Connecticut Supreme Court decision that allowed the city to force them to sell their property under its eminent domain powers. That doctrine allows governments to buy private property at fair market value to facilitate public projects.
In arguments before the Supreme Court, the landowners contended that governments can't take private property except for projects that are clearly for public use, such as roads or libraries. To do so would unfairly weaken private property rights that are considered fundamental across the U.S.
A majority of the Supreme Court dismissed those arguments. Justice John Paul Stevens said municipalities could acquire land to pursue private development projects without violating the constitution as long as officials can show the projects benefit society as a whole. Those benefits could include new jobs and increased tax revenue.
However, the High Court noted that states are free to pass restrictions on cities' eminent domain powers if residents want to strengthen private property owners' protections.
The Kelo decision should serve as a warning to homeowners and CT Home Buyers that governments' eminent domain powers could trump their rights in disputes over economic development projects. If necessary, consult a land-use attorney in your area to learn how your state approaches such rights.
