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.
About Deborah Laemmerhirt
Let me assist you in finding everything you need to know about buying or selling a home! As the preeminent real estate professional in my community, I am dedicated to providing the finest service available while breaking new ground.
Because the real estate industry is becoming more sophisticated and challenging every day, you need a professional that understands the industry and is positioned to stay ahead of the game.
I go the extra mile to help you achieve your goals. That’s why I constantly research the home, market and estate values so your home is priced effectively from day one. I also make sure the public knows your home is for sale by using innovative marketing techniques to attract potential buyers.
As an Internet-savvy real estate representative in Connecticut, I’ve had the opportunity to help many home buyers find their ideal homes and many sellers obtain top dollar for their homes. Buying or selling a home is one of the largest financial transactions that most people ever undertake, so I will help you through every step of the process. My goal is to make your home selling or buying experience as easy and enjoyable as possible.
My services include:
Explaining the home selling and buying process thoroughly
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Negotiating on your behalf
Tracking the closing process to ensure a smooth transaction
I welcome the opportunity to address any questions you might have about buying, selling or current market conditions. Please call or e-mail me any time, and I will be happy to discuss your next steps in the buying or selling process.
I specialize in both Residential and Commercial Properties.
I also head a Real Estate Group to provide you with expert service and support.
Areas of Expertise
Making transitions in your life is challenging. You may be moving from out of town, a different state, internationally or just next door! Regardless of the distance I am prepared to respond to your unique needs.If you are a BUYER looking to downsize, up-size, want a new construction, desire a condominium, to invest, even if this is your first home, I will design a unique plan to fulfill your needs in a reasonable time frame, with the best negotiated price and the least amount of inconvenience.For my Home Sellers, I have an innovative marketing plan that will leave nothing to chance. Just call, and I would be happy to share the DIFFERENT and SUCCESSFUL TOOLS I utilize on each of my listings.
I have lived in Connecticut for over 35 years. I practice Real Estate in Fairfield County, New Haven County and Litchfield County. This includes, but is not limited to Bethel, Bridgewater, Brookfield, Danbury, Harwinton, Kent, Litchfield, New Fairfield, New Milford, Newtown, Oxford, Ridgefield, Redding, Roxbury, Sherman, Southbury, Warren, Washington, Westport and Wilton.
